Plaintiff was riding his bicycle in Oakland. A car made a left hand turn in front of plaintiff and he flew off his bicycle. In result of the accident plaintiff suffered a minor left ankle fracture, and a minor right toe fracture and a herniated disk. The defense took the position that they were responsible for plaintiff’s fractures, however, they retained an expert to state that plaintiffs back condition pre-existed the accident. Winer, McKenna, & Burritt were hired to represent plaintiff. The critical issue in the case became the back injury, because it was preventing plaintiff from working full time as a lawyer. Winer, McKenna, & Burritt hired an orthopedic expert to counter the conclusion of the defense orthopedist that the back injury was unrelated to the accident and successfully settled the case.
RESULT: $300,000 Settlement on half of plaintiff.