Many cases go to trial with liability admitted by the Defendant. In this case, the Defendant admits that she was at fault in the car accident. The issue for the jury to decide is if the Plaintiff has suffered any injury as a result of the accident.
The Defendant rear-ended the Plaintiff at a stop light. The damage to the Plaintiff’s vehicle was $2500.
The Plaintiff is an Afghanistan veteran who admittedly had a back injury prior to this accident. He had a prior surgery at the L5-S1 lumbar (low back) level due to a service- related incident. After this prior incident, the Plaintiff claims he had a good recovery and was living a normal life working as a carpenter. He claims this wreck now prevents him from working. He produced no evidence his income was less since the accident.
The Defendant produced evidence that the Plaintiff regularly received treatment for his back such as injections and chiropractic care prior to the accident. And in fact, 2 weeks before the accident, he had been to the chiropractor for an adjustment due to back pain.
The Plaintiff argued the accident exacerbated (made worse) the preexisting condition and his new back symptoms were worse. He had an MRI both before and after the accident. The Plaintiff’s expert doctor testified this test showed his back was worse. The Defendant’s expert doctor testified this test showed his back was no worse than before the accident.
You, the jury, needs to decide if the Plaintiff suffered any injury as a result of the accident.
JURY INSTRUCTIONS:
a. Legal cause generally:
Negligence is a legal cause of [loss] [injury] [or] [damage] if it directly and in natural and continuous sequence produces or contributes substantially to producing such [loss] [injury] [or] [damage], so that it can reasonably be said that, but for the negligence, the [loss] [injury] [or] [damage] would not have occurred.
ISSUE
Was the Defendant’s negligence the legal cause of injury to the Plaintiff?
You are on the jury for this case. Cast your vote below.
Keep on reading once you vote on this case to see the jury verdict for the last Question of Fact blog: Corporate Liability For Sexual Abuse.
Cast your vote:
Jury Verdict -Corporate Liability for Sexual Abuse of Minor
Thank you for your participation in this case!
In this mock, virtual jury, the results were:
100% voted YES , the local sports youth organization was liable for the sexual abuse of the minor participant by an adult coach,
90% voted, YES, the State organization was liable for the sexual abuse of the minor participant by an adult coach,
40% voted NO, the National organization was not liable for the sexual abuse of the minor participant by an adult coach.
This case illustrates what many juries in America are asked on a regular basis- what is the responsibility of the corporation for the acts of people down the chain?