Liability and Causation Dispute
The Peterson Bernard Team successfully defended former baseball all-star. Plaintiff sued Defendant, a former major league baseball all-star, for injuries to her left shoulder allegedly sustained in a rear end accident on I-95. Liability and causation were disputed. Plaintiff and Defendant had very different factual versions of the accident. Plaintiff claimed Defendant was behind her in the same lane, and Defendant claimed that Plaintiff swerved into his lane, leaving him no time to avoid hitting Plaintiff’s vehicle. As to causation, Plaintiff relied on the testimony of four treating physicians to establish that the accident was the reason she underwent arthroscopic shoulder surgery. Defense presented an orthopedic expert who testified that the surgery was not causally related to the accident. The jury believed the Defendant’s version of events, and found that the Defendant was not negligent.