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R.D. v. Cohen

Case Conclusion Date: 07.01.2002

Practice Area: Personal Injury

Outcome: $1,140,793.14 Verdict

Description: The Plaintiff was travelling with his wife in their vehicle on the Edens Expressway when a vehicle operated by the defendant swerved into their lane, causing him to lose control and careen off of the road and into the embankment along the expressway. As a result of the collision, the plaintiff sustained a dislocated and fractured hip requiring a hip replacement surgery. The defense contested liability and claimed that there was no contact between the two vehicles and that the collision was the result of an overeaction by the Plaintiff. The defense further contended that the hip replacement surgery was not related to the crash. At trial, it was established through expert testimony from evidence of paint tranfers that the vehicles did indeed come in contact with each other and further that the debris path from the collision indicated that, contrary to the defense version of the collision, the plaintiff's vehicle was struck by the defendant and caused the accident. The pre-trial offer of $250,000 by the defendant's insurance company of was rejected by the plaintiff and at the close of evidence the jury returned a verdict in excess of one million to the plaintiff.

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