On April 20, 2021, attorneys Oliver B. Krejs and Sonia E. Johnson won a motion for directed verdict after two days of trial in a personal injury case. The trial was conducted entirely via Zoom, only the second civil jury trial in Collin County since the start of the COVID-19 pandemic.
At the time of the incident, Plaintiff was attempting to maneuver a forklift into the back of a trailer when the forks impacted a metal plate. As a result of the impact, Plaintiff claimed injuries (including multiple hernias necessitating surgery) to his abdominal region. Plaintiff asserted Taylor | Anderson’s corporate shipping client was liable for hiring an allegedly negligent third-party carrier and for providing a trailer with a dangerous condition (i.e., the metal plate).
During pre-trial, Sonia Johnson successfully limited the testimony of Plaintiff’s expert family physician and excluded any testimony from Plaintiff’s economist placing a dollar amount on loss of sexual function and household services.
At trial, defense elicited testimony that Plaintiff suffered from the same injuries three years before this incident, the incident occurred at walking speed, and it was Plaintiff’s supervisor’s responsibility (not an employee of Taylor | Anderson’s client) to ensure the safety of the premises. Further, Plaintiff admitted the metal plate was clearly visible and that he or his supervisor would have easily seen the metal plate had they investigated the trailer prior to attempting to maneuver the forklift.
After Plaintiff rested, defense moved for directed verdict on each of Plaintiff’s causes of action and damage allegations. Following extensive argument by counsel, the court granted directed verdict as to each claim, ultimately resulting in the dismissal of the entire case!
Attaining a directed verdict is rare given the court must consider all the evidence in light most favorable to the party against whom the verdict is directed, crediting favorable evidence if reasonable jurors could and disregarding contrary evidence if reasonable jurors could not. Further, if the record contains any probative and conflicting evidence on a material issue, the issue should be resolved by the jury. Defense specifically articulated the reasons for the motion, inclusive of no evidence, conclusive evidence, and matter of law grounds.
Taylor | Anderson, LLP attorneys excel in defending personal injury and transportation litigation. For more information regarding our services, please contact Oliver Krejs at 214-445-5850; okrejs@talawfirm.com or Sonia Johnson at 214-445-5857; sjohnson@talawfirm.com.