John Schultz obtains defense verdict from Lawrence County, Missouri jury in traumatic brain injury case
Plaintiff was operating a moped when he was hit by defendant's white pick up truck while the truck was turning left in an intersection. Plaintiff claimed defendant failed to keep a careful lookout. Plaintiff sustained a traumatic brain injury, a fractured left wrist and a torn rotator cuff in his left shoulder in the accident. Plaintiff spent 3 and 1/2 weeks in a rehabilitation hospital following the accident. He incurred medical expenses of $67,000. Plaintiff's wife was wheelchair bound due to a debilitating spinal condition. She made a claim for loss of consortium, contending that her husband could no longer assist her with her activities of daily living due to the injuries he sustained in the accident. Plaintiff presented expert testimony from accident reconstructionist Bruno Schmidt and medical expert/life care planner Dr. Shane Bennoch. Defendant presented no expert testimony but rather relied on the testimony of 2 eyewitnesses. After a 3 day trial, the jury returned a verdict assessing 100% fault to plaintiff, resulting in a defense verdict. Don and Joyce Gardener v. Steven Nicole, Case No. 08LW-CC00076.