Horvitz & Levy obtained the complete affirmance of a favorable judgment in favor of defendant trucking company, defeating plaintiff’s arguments relating to causation, jury misconduct, evidentiary error, and inadequacy of damages.
A motorist sued a truck driver and his employer for injuries relating to an automobile accident. The jury found the truck driver was negligent but found his negligence was not a substantial factor in causing harm, and awarded no damages.
Plaintiff appealed, challenging the sufficiency of the evidence supporting the jury’s verdict, alleging jury misconduct, claiming error as to the introduction of certain video and expert evidence, and asserting the jury awarded insufficient damages. Horvitz & Levy argued that numerous procedural deficiencies in plaintiff’s appeal prevented meaningful appellate review, while also addressing the merits of plaintiff’s arguments. The Court of Appeal agreed with Horvitz & Levy on all grounds.