Verdict Turned on Plaintiff’s Lack of Credibility

Plaintiff claimed injuries stemming from debris falling from the defendants’ truck, striking the plaintiff’s car causing the plaintiff to lose control of his work van. The plaintiff presented medical specials for treatment of a torn knee ligament, neck & back disc bulges and traumatic brain injury with memory loss. He also claimed loss of his car detailing business. His wife claimed loss of consortium. The plaintiff asked the jury to award just over $2.7 million. Verdict turned on plaintiff’s lack of credibility. He testified on deposition and at trial that the 275 gallon water tank in the back of his work van was anchored to the floor and did not hit him. He told his MDs, who related his injuries to the accident, the tank hit the back of his seat and pushed his head into the steering wheel. Jury found in favor of the plaintiffs and awarded less than $3000.