Davis v. Harano
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A trial jury disbelieved Plaintiff’s claim that a 2017 rear-end accident caused him $1.5 million in damages. The jury awarded Plaintiff nothing finding the 2017 accident with Defendant caused Plaintiff no injury. Plaintiff appealed and the Second Appellate District affirmed the trial court’s judgment.
The court explained that Plaintiff incorrectly faulted the trial court for refusing to direct a verdict on the issue of causation. Plaintiff told the trial court that causation was undisputed: that everyone agreed the 2017 accident caused Plaintiff at least some injury, so Plaintiff deserved a directed verdict on causation. This argument is inaccurate Plaintiff bases this claim—on the root idea that the defense expert conceded the 2017 accident caused Plaintiff a new neck injury, different from the one Plaintiff claimed from 2016. The defense witness did not concede causation, rather the evidence put causation in play.
Next, Plaintiff argued no substantial evidence supports the defense verdict. Plaintiff’s medical witnesses opined the 2017 accident injured him, but Plaintiff had hidden his 2016 accident from them. Thus, substantial evidence supported the verdict. Third, Plaintiff argued the jury instructions and verdict form led the jury astray, but if there was any error, he invited it.
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