A bus accident lawyer hired by Ms. Johnson filed a court complaint. The court papers sought compensation for injuries Ms. Johnson claimed to have sustained in an accident. According to Ms. Johnson, she was sitting in the driver’s seat of her husband’s parked car. A bus, owned by Red and Tan, struck the side of the car. Ms. Johnson claimed that she sustained serious personal injuries to her right shoulder, neck and back.
Ms. Johnson’s surgeon testified that she sustained herniated discs, necessitating cervical fusion surgery and lumbar fusion surgery. The doctor also testified that she suffered a rotator cuff tear to her shoulder, requiring arthroscopic surgery.
However, on cross-examination, the surgeon admitted that he did not examine all of Ms. Johnson’s medical records. Indeed, some records revealed more than six years of shoulder problems. Those issues dated well before the accident. Some issues included recommendations for surgery.
A jury returned a unanimous verdict against Ms. Johnson. The jury found that she did not show that the bus driver was the main cause of the accident. It concluded the operator of a third, unknown, phantom vehicle was 100% responsible.
The jury also found that Ms. Johnson did not prove that her injuries were the result of the accident.
Thirty-two days after the verdict, the bus accident lawyer filed a motion for a new trial. The judge denied the motion because the court rules required it to have been filed within 20 days.
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BUS ACCIDENT LAWYER APPEALS VERDICT
Accordingly, the bus accident lawyer appealed. The appeals judges affirmed the jury verdict. The bus accident lawyer had not applied on time for a new trial. Moreover, the appellate panel found nothing in the testimony indicating that the jury was wrong.
In sum, this case demonstrates the importance for a bus accident victim to retain an experienced bus accident lawyer. A bus accident lawyer who is familiar with the many complex requirements of the court rules.