Congratulations to Attorneys Robert and Brandon Simon, The Simon Law Group and their client on this recent jury verdict in the very conservative venue of Orange County, California. In addition to Robert Simon and Brandon Simon, the plaintiff’s legal team also included the law firm of Russell & Lazarus.
Plaintiff, a 45-year-old resident of Orange County was on his way to work in the early morning hours of October 24, 2011 when he was rear-ended at 40-45 mph by a utility van while stopped at a red light. At the time of the accident, the defendant driver was in the course and scope of his employment. Both driver and employer(s) were named defendants.
Plaintiff would develop severe lower back pain that radiated into his left leg. He would undergo over two years of treatment before ultimately undergoing lumbar decompression surgery. Defendants admitted causing the accident and related symptoms, but claimed the symptoms were the result of a degenerative spinal condition. Further, defense argued that the surgical procedure was not only unnecessary but also excessive.
The Simon team was able to prove their case in just two days with a total of 10 witnesses, including experts. Plaintiff’s experts were able to conclude that the injuries suffered by Plaintiff were caused by the accident and that the surgery was reasonable and necessary. Additionally, Plaintiff called a treating radiologist whose testimony was successful in completely discrediting the defense radiology expert. Robert was also able to counter the defense’s claim that the surgery costs were “grossly overpriced” by impeaching their own expert in orthopedic spinal surgery – showing that their doctor charged his own patients similar prices for the type of surgery performed on plaintiff.
The biggest hurdle, however, was the emergence of “surveillance films” that allegedly showed Plaintiff coming home from an apparent surfing attempt. Robert and Brandon, once again, were able to counter this damning evidence by showing the jury that the surveillance was conducted just days after Plaintiff was examined by the defense orthopedic surgeon who advised Plaintiff to try surfing again because it was “good for his back”.
Plaintiff offered to settle the matter before trial for $600K. The highest pre-trial offer from the defense was $175K. The jury ultimately awarded $1,803,169.71, including $178,169.71 in past medical bills and $200K for future medical care.
We should all be thankful for trial lawyers like the Simons who are willing to test the civil justice system by representing injured citizens and painting them in their true light as modest, truthful, sympathetic individuals who are forced to seek legal counsel in the continual up-hill battle against corporate America.
Hats off from everyone here at Advocate Capital, Inc. for a job well done and justice served.
Senior Vice President