Madison County Team Secures Trial Victory on Behalf of Insurer Client

Edwardsville, Ill. (February 14, 2023) - Madison County Partner Adam Johnson and Associate Nicholas Martin recently secured a significant trial victory on behalf of Lewis Brisbois’ insurer client. The matter arose from a three-vehicle accident that occurred in Johnson County, Illinois. Following the incident, the plaintiff filed suit, alleging that he sustained permanent and significant injuries from the accident. The defense admitted negligence but denied causation.

At trial, the plaintiff and his treating physicians argued that the accident had caused injuries that required spinal surgery and would require the plaintiff to undergo pain management injections for the rest of his life. During cross-examination, the treating physicians admitted that they had based their opinion that the accident caused the plaintiff’s alleged injuries on the fact that the plaintiff told them that he experienced neck pain immediately following the accident. 

The defense was able to establish, through the plaintiff’s medical records, that he had not complained of neck pain for several weeks after the accident and that he waited several months to seek treatment. The defense argued that all of the plaintiff’s ongoing complaints were due to his pre-existing arthritis and were not caused by the accident. 

After deliberating for approximately two and a half hours, the jury returned a verdict for the plaintiff, but for only 1% of the amount he had requested.

Mr. Johnson is a seasoned litigator with significant first-chair jury trial experience. His practice includes general civil ligation, complex commercial and business litigation, and class actions. Mr. Johnson also regularly represents corporate clients in cases involving commercial contract disputes and business torts.

Mr. Martin is a member of the General Liability Practice. He focuses on premises liability, automobile liability, and insurance law. Mr. Martin has experience in all aspects of litigation, including trial experience and appellate practice.

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