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The National Law Journal Monday, June 25, 2001 News This Week DEFENSE DOES WITHOUT EXPERTS, AND WINS LAWYER SAYS VICTORY SHOWS THAT, IN SOME CASES, "LESS IS MORE." Jaime Dufresne PHILADELPHIA-Attorneys John Gerard Devlin and James Corrigan found that less is more, winning a defense verdict in a case involving a brain injury claim, although no experts testified for the defense. Plaintiff George Rader alleged that his injuries were suffered in a 1999 truck collision involving a garbage truck belonging to Daley Roberts Corp. Mr. Rader showed signs of being disoriented after the accident and was taken to Frankford Hospital, where he was released after tests. He said he was unable to return to full-time employment as an auto-body repairman for a year because he suffered from brain damage and learning deficits, including short-term memory loss. Which accident? The case rested on a dispute over the nature, extent and cause of the head injuries. Messrs. Devlin and Corrigan of John Gerard Devlin & Associates argued in the Philadelphia County Court of Common Pleas that Mr. Rader's injuries resulted from an earlier accident, in 1982, in which his face and head struck a windshield. They said emergency room CAT scan analyses after the 1999 accident indicated the possible existence of previous brain injuries. The plaintiff's experts said that what appeared to be damage from past trauma could be congenital and clinically insignificant. The defense rebutted that assertion without presenting expert testimony. Mr. Devlin said that the defense's case was argued through cross-examination of the plaintiff's experts and the use of the medical-test exhibits that showed questionable injury. He said that the defense brought out the amount of money the plaintiff's experts were paid, possibly raising doubt about their credibility. Under cross-examination, Mr. Rader's vocational expert conceded that his training in real estate gave him employment opportunities despite his injuries, Mr. Devlin said. "This case proves that theory development prevails over factual development and that sometimes, less is more," he said. Judge Arthur S. Kafrissen recommended a settlement of $500,000 before the trial. The 12-member jury deliberated for four hours before returning a unanimous defense verdict, Mr. Devlin said. |
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