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Mario C., a 50 year old laborer, had only a sixth grade education.
Although he never earned much over
minimum wage, he saw to it that he was always employed. He came to us
when his first attorney tried to
talk him into accepting a $20,000.00 settlement for the case discussed
below.
In 1986, while stopped in a line of traffic, his car was rear-ended by
a Dodge Ram Charger, which happened to be a four wheel
drive police truck. The rear end of his vehicle was severely damaged.
He suffered an injury to his lower
back, which simply would not respond to treatment, causing him to be
unable to return to work.
The attorney that Mr. C. originally retained wanted him to settle for
$20,000.00, rather than try his case
against the City of Philadelphia. Mr. C. knew that the first attorney
had done next to nothing on the
case. So he came to us shortly before the case was to go to trial.
We immediately sent Mr. C. to be examined by a forensic orthopedist,
something his former lawyer had
not done. It would require an experienced medical expert to explain to
a jury why a seemingly
insignificant injury would keep a man out of work for three years or
more.
We went to trial before a judge who was notoriously prejudiced against
ethnic minorities, and openly
biased toward the City. He attempted to browbeat and threaten our
client into accepting the City’s pathetic
offer, but Mr. C. refused.
Although the judge consistently ruled against us on the City’s
constant objections, attempted to
intimidate our client’s interpreter, and eventually refused to allow
our economic expert to testify, the jury
awarded Mr. C. $500,000.00, the limit obtainable against a local
government.
Our orthopedic expert had explained to them that Mr. C. had underlying
arthritis in his back from
years of manual labor. Although it did not bother him before the
accident, the injury, as our expert said,
"kicked it into high gear", resulting in a permanent disability.
Not satisfied with attempting to sabotage our client at trial, the
judge overturned the verdict on post trial
motions, and awarded the City a new trial on damages.
We appealed the judges ruling. The appellate court did not
hesitate to overturn the lower court and
reinstated the full award. In addition, we were awarded delay damages,
which brought the total award to
more than $850,000.00!
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