Personal Injury Law

Sacramento Man Injured In Motorycle Accident, Part 1 of 5

By Moseley Collins, Esq.

The following blog entry is written from a defendant?s position after a jury trial verdict for plaintiff. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in a personal injury case present such issues to the court.

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this motorcycle accident/personal injury case and its proceedings.)

Defendant Larry Brown submits the following Memorandum of Points and Authorities is support of his Motion for New Trial or, in the alternative, Remittitur:

INTRODUCTION
A new trial is warranted due to the imposition of excessive damages that were unsupported by the evidence. In the interests of justice, Mr. Brown's motion for new trial or in the alternative, a reduction in damages must be granted.

BACKGROUND
This action arises out of an automobile versus motorcycle accident which occurred at 8:35 p.m. at the intersection of High Street and Eisenhower Boulevard in Sacramento, California on June 12, 2005. Plaintiff was operation the intersection with Eisenhower. As plaintiff entered the intersection, he collided with the 2004 Mercedes E320 driven by defendant, Larry Brown, who was turning left from southbound High Street onto eastbound Eisenhower.

The matter proceeded to trial on February 2, 2008. Plaintiff testified at trial that following the accident with Mr. Brown, plaintiff stood up and walked over to the curb. When he got to the curb, he sat down and felt pain in his back, as well as pain and weakness in his left leg.

Full post as published by Sacramento Injury Lawyer Blog on November 09, 2009 (boomark / email).