Plaintiffs Dismiss Case – Fajardin v. Henderson – Solano County

Headshot of Robert F BennettIn this case, Rob Bennett represented a Fairfield kindergarten teacher.  Plaintiffs alleged injuries following a minor rear end accident while driving on Gateway Boulevard in Fairfield. Discovery of the accident showed plaintiffs vehicle sustained damages totaling $854 including total replacement of the rear bumper.  Photos of the plaintiff’s vehicle showed only cosmetic damage.

Plaintiffs, who were fairly young, alleged significant neck and back pain as a result.  Both plaintiffs only sought care through the same chiropractor even though both had heath insurance and a primary care physician.  Both plaintiffs’ care with the chiropractor was also nearly identical, where they were discharged on the same date and completed nearly the same number of sessions.

After the matter was set for trial, the court ordered the parties to arbitration.  Rob obtained significant impeachment at the depositions of both plaintiffs including an admission by one plaintiff that he “felt fine” after the accident.  At the arbitration Rob presented an engineer who testified that the forces exerted on the plaintiffs’ vehicle during the collision was between 2.8 and 3.9 mph – or the speed of moderate walking.  Next, Rob called a physical anatomist who testified that the forces generated in the accident were insufficient to cause injury.  While the arbitrator agreed issuing an award for the defense, the award was rejected and parties proceeded to trial.

As the parties prepared for trial, plaintiffs agreed to dismiss their case for a waiver of costs. Congratulations to Rob and his clients on this successful result.

 

 

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