Despite the existence - and admission into evidence - of the client product manufacturer's self-critical analysis report, including acknowledgment of a design defect of the product at issue, Newark Managing Partner Colin P. Hackett obtained a verdict less than 15% of Plaintiffs' settlement demand prior to trial. The defense did make an in limine motion seeking to bar reference to the client product manufacturer's report as a "subsequent remedial measure", however, the trial court ruled the report, including acknowledgment of a design defect of the product at issue was admissible. The fact that the design defect was subsequently remedied was not deemed admissable. Although not entirely unanticipated, this ruling limited the defense on the issue of liability. The following issues were ultimately addressed by the jury: (1) Was the client manufacturer's product defectively designed; (2) What, if any, orthopedic injury did Plaintiff suffer, were they proximately caused by the accident and, if so, what measure of damages is Plaintiff entitled to that for that injury; (3) What, if any, neurological injuries did Plaintiff suffer, were they proximately caused by the accident and, if so, what measure of damages is Plaintiff entitled to that for that injury; (4) Did Plaintiff's spouse suffer any damages as a result of her husband's injuries and if so what measure of damages is she entitled to that for that injury. Plaintiffs' presented experts on liability and damages, including orthopedic and neurological medical experts as well as an economist who opined Plaintiffs' economic loss at greater than $500,000.00. The defense relied on crossexamination of each of Plaintiffs' witnesses and called their own orthopedic and neurological medical experts. Following six trial days from April 30, 2018 through May 2, 2018, including a mis-trial on the first day resulting from Plaintiffs' counsel's improper opening statement, the jury returned a verdict awarding Plaintiff $50,000.00 and Plaintiff's spouse $0.00.

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