Zagami v. West Coast Drywall
This lawsuit was filed after a rear-end automobile collision involving three vehicles and two impacts. Plaintiff alleged she was rear-ended while completely stopped in traffic. Yoka & Smith represented driver of the third vehicle, and his employer.
Plaintiff, who was 8 1/2 months pregnant at the time of the collision, claims she went into labor following the collision, and that she suffered injuries to her back, right leg, neck, anxiety, difficulty sleeping, difficulty driving, and loss of earnings. The primary injury claimed to be caused by the accident was disc herniation and radicular pain. As a result, plaintiff, 44 years old, had to walk with a cane and undergo back surgery.
During trial, defense counsel successfully attacked plaintiff’s retained experts/doctors and their significant liens and impeached the driver of the second vehicle.
During closing argument, defense counsel persuaded the jury that there was not the requisite force or mechanism from the impact to cause an acute injury to one of plaintiff’s lumbar discs.
Plaintiff’s attorney asked the jury for over $5.3 million in his closing argument. After deliberating for 30 minutes, the jury found in favor of the defendant.