Skip to content

News & Knowledge

Insurer Wins Defense Verdict in Connecticut Personal Injury Lawsuit

Case Study

Insurer Wins Defense Verdict in Connecticut Personal Injury Lawsuit

May 15, 2024
Adam J. LaFleche

A strategic move by Goldberg Segalla partner Adam J. LaFleche involving the cross-examination of a physician who ultimately offered testimony that undercut his own expert opinion secured a defense verdict in a personal injury case in New Britain, Conn.

The case stemmed from an accident in which a cyclist was involved in a collision with a pickup truck in a crosswalk near a ‘rail trail.’  The plaintiffs in the case were a father and son who were riding on the trail, from which the father then emerged, entering the road where the collision occurred.

The father suffered a traumatic brain injury, as well as soft-tissue injuries. He was also diagnosed by his neurologist with ongoing post-concussion syndrome and assessed with a permanent impairment to the brain.

Heading into trial, plaintiffs sought damages totaling $250,000. Of that amount, $225,000 would go to the father, while the son would be awarded $25,000 for distress.

The carrier offered $35,000.

Adam, a partner in Goldberg Segalla’s Global Insurance Services practice group and with two decades of experience defending insurance matters including personal injury accidents, consulted with a neurologist but chose not to disclose him.

Upon learning that the plaintiff would not call his own neurologist to testify at trial – choosing instead to have him introduce his records and final report into evidence as allowed by statute – Adam made the calculated decision to call and cross-examine the plaintiff’s neurologist so that his opinions would not go unchallenged. In doing so, Adam forced the neurologist to make several concessions that undermined his own opinions.

As a result of Adam’s zealous defense, the jury never reached decision on the issue of damages, and instead returned a defense verdict after just two-and-a-half hours of deliberation.

Goldberg Segalla paralegal Lisa Villafane also played an integral role in securing the favorable outcome for our client, providing valuable assistance to Adam throughout the case.