Friday, February 22, 2008

My Personal Injury Case - Near Trial

Spent the last week or so preparing for a jury trial in San Mateo County Superior Court in a PI case, automobile negligence. We had the plaintiff and he was rear ended by an 83 year old driver who never saw the traffic stop and never braked before slamming into our client. Clear liability. 

Our guy had cervical fusion surgery, two discs removed and three vertebrae fused together. About  $180k in specials. However, the insurance company filed a motion in limine to reduce amount  to bills actually paid. Defeated the motion, but the judge signaled that she would grant a post-trial motion on the same issue. Got an instant lesson on the demise of the Collateral Source Rule in the State of California - which is a horrible loss for any plaintiff's counsel. 

So we settled the case on the morning of jury selection after spending all that time and energy and money to prepare for trial. I was to be second chair and handle two or three of the witnesses.

Anyway, back to immigration cases today, I just finished  a Writ of Mandamus to compel the State Department to conclude their consular visa processing. Our client has a prior approved immigrant visa since 2005 and is still waiting for the State Department to finish. 

No comments: