Schaer Forces Plantiff to Withdraw Case on Doorstep of Trial

July 6, 2009

Last week, in a “first” for the Zarwin Casualty Defense Team, a Plaintiff and his counsel chose to “walk away” from a Philadelphia Courtroom just prior to jury selection rather than face intense cross-examination that would have further revealed major flaws and possible fraud in their case.  Ted Schaer represented a national chemical supplier and recycler of oil whose vehicle, driven by one of its employees, rear-ended the plaintiff’s vehicle occupied by a driver and two passengers.  The front seated passenger claimed that the accident caused multiple herniated lumbar discs with radiculopathy, extensive medical treatment including spinal injections, medical bills in excess of $22,000 and left the plaintiff no longer able to perform his regular employment duties as a cook.

The investigation and discovery conducted by the firm created serious doubt on the legitimacy of the claim.  The meticulous cross-examination of the Plaintiff’s neurologist conducted by Keith Gomer, the firm’s newest associate days before trial, revealed numerous inconsistencies in the treatment and modifications made to the medical records that significantly undermined the plaintiff’s case.  Subsequently, Motions to exclude a wide range of evidence were successfully argued by Schaer before the trial judge, just prior to jury selection.

After multiple efforts to extract even a nuisance settlement were rejected by Schaer’s client, the plaintiff’s counsel alerted the Judge that the plaintiff was withdrawing its case with prejudice even though considerable expenditures were made by the plaintiff in videotape depositions of their experts prior to the trial.