This 74 year-old Plaintiff claimed a torn rotator cuff with retraction following a head-on collision. Surgery was recommended. At trial, the Defendant admitted negligence, but claimed that the torn rotator cuff was not caused by the accident, but rather was a result of the Plaintiff’s pre-existing impingement syndrome. The jury rendered a unanimous verdict in favor of the Defendant.

Tried
November 2001
December 2003