Attorneys’ received a defense verdict
Attorneys’ received a defense verdict. Plaintiff alleged cervical and lumbar herniations as a result of the subject motor vehicle accident. The defense filed two in limine motions. The first motion was to preclude the plaintiff from introducing evidence that was produced just 13 days prior to trial. The documents were MRI reports from 1997 and an operative report from 1998. The plaintiff intended to present them in support of his position that the plaintiff did not sustain permanent injury in a prior motor vehicle accident. The documents were produced after the defense doctors' videos were completed, but before the plaintiff's expert video was completed. The second in limine motion was to bar the plaintiff from seeking an adverse inference charge based upon the defense decision to use only the orthopedic expert videotaped de bene esse deposition. The judge ruled, that the defense was not obligated to use both videotaped witnesses, and the inference was not permitted. The jury deliberated in under an hour, and found that the plaintiff did not sustain permanent injury as a result of the subject accident.