David represented a 57 year old truck driver who was hit head on while driving his family on a secondary road. He had suffered from shoulder problems before the wreck with rotator cuff surgery some years before. He had been back to the doctor with a shoulder strain and sprain before the wreck. He went to the hospital and then to his orthopedic surgeon who advised him that he had torn the rotator cuff again as a result of this wreck.
State Farm provided coverage for the at fault driver but said they would never offer more than $50,000 to settle the case. They hired an orthopedic doctor from Roanoke who testified at the trial that the client had already torn the rotator cuff before the wreck He showed x-rays with white in the shoulder tissue and claimed that verified his opinion. David cross examined that doctor and showed the jury that he was being paid thousands of dollars to review records and give this testimony. He had never laid eyes on the client. David’s client would have settled for $75,000. The jury awarded $211,833.00.
