Partner JohnPaul Salem and Senior Associate Scott Hoy started a trial in Long Beach arising out of rear-end motor vehicle collision where BWB&O’s client conceded liability for the collision but strongly disputed the nature and extent of the damages claimed. Although Plaintiff denied injuries at the scene and did not seek any medical treatment until 15 days after the incident, Plaintiff claimed lifelong damages and underwent a spine surgery with intrusive metal hardware installed. Plaintiff refused to negotiate prior to trial.
After Plaintiff’s opening statement, BWB&O sought a motion for non-suit, arguing Plaintiff’s opening showed no evidence would be presented to establish BWB&O’s client’s negligence was a substantial factor in causing the alleged injuries. The Court deferred ruling on the motion to after hearing evidence. Following Mr. Salem’s opening statement – highlighting the anticipated evidence proving a lack of causation between the collision and the claimed injuries – and after stellar testimony from BWB&O’s client on the stand, Plaintiff finally approached to negotiate and the parties were able to reach reasonable settlement.