Madison County Team Secures Victory at Trial on Behalf of Insurer Client

Edwardsville, Ill. (March 2, 2023) – Madison County Partners Adam S. Johnson and Jessica A. Brasel recently secured a significant trial victory on behalf of Lewis Brisbois’ insurer client. The matter arose from a two-vehicle accident that occurred in Williamson County, Illinois. Following the incident, the plaintiff filed suit, alleging that she sustained permanent and significant injuries from the accident, including past medical bills totaling over $125,000 and a recommended future cervical fusion. She also claimed significant pain and suffering, loss of normal life, and lost wages.

Lewis Brisbois defended the case on liability and damages. The defense presented physical evidence to challenge the plaintiff’s contention that the accident was solely caused by the defendant’s negligence. The defense also argued that party and witness testimony showed that the plaintiff was driving negligently at the time of the accident and could have avoided the accident if she was exercising due care.

At trial, the plaintiff and her treating physicians argued that the accident had caused injuries that required extensive physical therapy and cervical injections, and it was recommended that she undergo a three-level cervical fusion. 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 she was in a violent collision, which was contradicted by certain physical evidence. The plaintiff’s treating physicians were also cross-examined regarding the plaintiff’s pre-existing injuries and post-accident gaps in treatment.

After deliberating for approximately two and a half hours, the jury returned a verdict assigning the plaintiff a substantial percentage of comparative negligence and awarding only 6% of the amount of damages requested by the plaintiff. Notably, the jury awarded no damages for pain and suffering, loss of normal life/disability, or lost wages.

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.

Ms. Brasel is also a seasoned litigator with jury trial experience. She is a member of the firm's General Liability Practice. Ms. Brasel focuses on premises liability, automobile liability and general negligence. Her practice also includes toxic tort defense.