In October 2019, Deutsch Kerrigan attorneys Joshua Keller and Marianne Fletchinger successfully represented an excess insurer during a 4-day jury trial in Orleans Parish.  The case involved two plaintiffs (a husband and wife) who were in a minor rear end auto accident. The passenger claimed she suffered a concussion which caused cognitive impairment and lifelong headaches. The driver underwent a two-level cervical fusion after years of treatment.   

 

The case was set for trial twice and continued at the last minute both times.  A tropical storm continued trial the first time and broken elevators canceled the second setting.  By the time the third trial date rolled around, plaintiffs retained new counsel and on the Friday before trial, the primary insurer entered into a Gasquet settlement with the plaintiffs.  Despite last-minute settlement tactics made by the plaintiffs’ attorneys, Deutsch Kerrigan was equipped and prepared to represent the excess insurer at trial. This is because of the proactive defense strategy employed by attorneys Keller and Fletchinger during the discovery phase of the case.

 

The defense rested without calling a single defense expert and after calling two of the plaintiff’s own treating physicians.  After deliberating and returning with a 10-2 verdict on all counts (2 jurors did not think the plaintiffs suffered any injury in the accident), the jury awarded just $212,500 in general damages to the plaintiff with cervical fusion ($449,379 total verdict), and just $52,500 in general damages to the plaintiff who claimed a traumatic brain injury (TBI) ($96,257 total verdict). Based on prior Gasquet settlements with the primary insurer, the excess insurer paid no damages for the concussion plaintiff, and it paid the same amount that it would have prior to trial for the plaintiff with the cervical surgery.