In two jury trials in the City of St. Louis three months apart, the trial team of Irene Marusic and Tyler Finnegan obtained two major wins for Spire Missouri Inc. involving clear liability in two unrelated vehicle collisions with the plaintiffs in both cases claiming severe spinal injuries and significant present and future alleged medical treatment. In both cases, the plaintiffs were treated by a well-known orthopedic surgeon who plaintiffs’ counsel throughout the St. Louis region routinely rely upon to testify on behalf of their clients.
In the first trial the defendant driver violated a red light, and the plaintiff’s vehicle collided with the other vehicle at an intersection. The plaintiff alleged serious neck and low-back injuries and treated with the orthopedic surgeon who testified live at trial that the plaintiff required extensive future care, including cervical and lumbar surgeries. Irene and Tyler effectively challenged the surgeon’s opinions using years of prior deposition testimony, research into his litigation involvement, and evidence of financial interest. The defense then presented live testimony from two medical experts, and through these experts the defense demonstrated that the plaintiff suffered only a cervical and lumbar sprain and that the proposed surgeries were related to longstanding spinal degeneration rather than the accident. The plaintiff demanded $700,000 before trial and requested $2,000,000 in closing argument. The jury returned a verdict of only $150,000.
The second trial involved the defendant driver rear-ending the plaintiff who was stopped at a light signal. The plaintiff claimed years of neck pain and treatment leading to an eventual three-level cervical disc replacement performed by the orthopedic surgeon. The surgeon testified that the accident caused the disc injuries/surgery and that the plaintiff would require future adjacent level surgery. Once again, Irene and Tyler successfully defended against these opinions through the effective use of prior medical records showing long standing problems in the plaintiff’s neck. In this case Irene and Tyler called two medical experts who appeared live at trial and walked the jury through detailed imaging and records showing advanced, symptomatic pre-existing degeneration that predated the accident and explaining that the collision caused only a muscle strain. Prior to trial the plaintiff made a settlement demand of $4,000,000 and in closing arguments, the plaintiff asked the jury to award $7.6 million. The jury only awarded $200,000.
In a challenging venue and in cases with admitted liability and a defendant utility corporation, these results represent significant defense victories. Irene Marusic and Tyler Finnegan’s strategic use of expert testimony, medical record analysis, easily understood demonstrative exhibits and targeted cross-examination led to the successful outcomes.