Congratulations to Gerry Gunning, W. Mckinney Brown, Johnson Briggs and Paul Tarr: NJ Appellate Division Affirms Trial Verdict and Denies New Trial

1/31/2019

Congratulations to Gerry Gunning, W. Mckinney Brown, Johnson Briggs and Paul Tarr: NJ Appellate Division Affirms Trial Verdict and Denies New Trial

Gerry Gunning tried the case Diaz v. Performance Food Group in Middlesex County, NJ in March 2017 and obtained an outstanding verdict of only $3200.00 for pain and suffering and $2800.00 for lost earnings.  This was a damages only trial as liability was already determined.  The verdict was particularly impressive as the plaintiff had undergone a shoulder surgery and multiple procedures on her back.  At a mediation held just before the trial, plaintiff's demand was 1.75 million, reduced from 2 million.  The last demand before trial was 500,000 and our client offered 175,000 which was rejected.

Gerry tried a great case and was well prepared and well-liked by the jurors.  His theme that plaintiff had over treated for this litigation totally convinced this Middlesex County jury.

Plaintiff’s counsel then moved for a new trial and the trial judge denied that motion.  He then filed an appeal which was well fought by our team of C. Johnson Briggs, Paul Tarr and W. McKinney Brown. The appeal was based on the fact that Gerry had made prejudicial comments which poisoned the jury in his opening and summation and that evidence regarding a valid Erisa lien was excluded.  The court denied the appeal on all grounds.

Great work!  Congrats to all!

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