St. Louis Partner Successfully Moves to Impeach Plaintiff, Obtains Defense Verdict for Insurer Client
Litchfield Cavo LLP St. Louis partner Kevin P. Clark obtained a defense verdict in favor of our insurer client. This case involved an auto accident wherein the plaintiff was rear ended by a driver whose auto-insurance policy covered only $25,000 in damages, Missouri’s minimum coverage limit. After the defendant’s insurance company settled with the driver’s insurer, plaintiff filed a separate claim with our client, with which she had a personal policy providing up to $300,000 of coverage for underinsured motorist benefits.
Prior to trial, the parties stipulated plaintiff underwent medical treatment costing in excess of $19,000, which was caused by the accident. However, plaintiff then sought additional compensation for health problems she alleged were caused by the accident: in addition to soft tissue injuries, she also claimed the collision was the cause of her balance, center of gravity and memory issues, which have continued to worsen since the accident.
Litchfield Cavo’s Kevin Clark was able to discount the plaintiff’s testimony by using her medical records to prove a preexisting brain condition, porencephaly. Citing this condition, Kevin argued her current symptoms were unrelated to the accident. He also noted multiple inconsistencies between plaintiff’s trial testimony and her previous deposition testimony.
In closing arguments, Kevin argued that plaintiff was fully compensated from the initial case settlement with the underinsured motorists’ insurer. The jury ultimately agreed with our client’s position and returned a defense verdict.