Personal Injury – UM Claim for Future Medical Expenses – Daubert Motion Granted – Joseph Braud v. SE Logistics, Suit No. 20-cv-1254
Josh Keller successfully argued a Daubert Motion in Joseph Braud v. SE Logistics, Suit No. 20-cv-1254 (ED LA – Judge Lemelle). Plaintiff, a highly successful orthodontist in his mid-40s from New Orleans, injured himself in an unusual accident on the interstate when a piece of lumber dislodged from a truck in front of him and struck his windshield. After several months of treatment, Plaintiff submitted a life care plan that included a cervical fusion surgery and future treatment related to recovery from same. In total, the life care plan was approximately $686,000. Rather than attack the plan head on and depose the life care planner, we turned our attention to the treating physician and noticed his deposition. After deposing the treating neurosurgeon and confirming that he disagreed with treatment recommendations in the life care plan, the court agreed with our position and excluded the life care plan and planner from trial. Within a few weeks, the case settled for less than 3% of the opening demand.