The serene hum of an ordinary day was shattered when a company-owned SUV barreled toward an unsuspecting motorcyclist waiting at a traffic light. The SUV driver, employed by a major corporation, failed to decelerate, causing a collision that sent the motorcycle hurtling across the intersection. The victim, poised at the limit line, was tossed mercilessly onto the unforgiving asphalt.
In the wake of the violent impact, the motorcyclist faced a grim reality. Her injuries were extensive and severe, confining her to a skilled nursing facility where her world was reduced to managing pain and the daunting prospect of a long recovery. The medication could only dull the agony of her shattered bones and traumatic brain injury that would leave permanent scars, both visible and invisible, for the rest of her life.
Into this arena of anguish stepped Timothy Osborn of Osborn Law, a seasoned warrior in the legal landscape of catastrophic injury and wrongful death cases. Referred to by a colleague, Osborn swiftly connected with the injured rider.
Due to the extent of his client's injuries, Tim had trouble communicating with her about the incident. He began searching for answers outside of his client's testimony to combat this. First, he secured dashcam video from a vehicle stopped on the other side of the intersection. Tim also enlisted the aid of an accident reconstruction expert. During discovery, it was uncovered that the vehicle's driver was operating a company-owned car. The Defendant driver also had a history of fatigue due to diabetes.
The initial exchanges with the Defense were fraught with diversion tactics. They declared an affirmative defense, claiming this was an unfortunate and unforeseen medical event. With the case filed in California and the Defendant's pre-existing medical history, if the Defense could prove this claim, liability on their part would be absolved. While this proved troublesome, Tim was not deterred. He deposed the company, where they learned the driver reported only striking a fence, not a human being. In addition, the driver’s wife was also deposed. During her testimony, Tim learned that before they were married (which is not covered by marriage confidentiality), the Defendant driver was involved in an accident that rolled his vehicle across the freeway due to a diabetic low.1
Osborn's counteroffensive was a masterclass in legal strategy. He unearthed key medical records and testimony that painted a damning picture of the Defendant's negligence. His client, fortunately, was able to make a miraculous recovery during litigation. Tim wanted to ensure there were no cracks in his strategy. So, he provided the dashcam footage and medical reports to DK Global to create a visual presentation that would showcase the internal and external damage his client suffered.
The animation began with dashcam footage showing the Plaintiff being forcefully struck on her motorcycle. The video then morphed into a 3D-modeled scene matching the real-life video. The camera traveled across the intersection to an overhead view of the Plaintiff on the pavement wearing her helmet. Her skin and clothing turned transparent, first revealing the external avulsion to the right calf and multiple abrasions. Next, her internal injuries were shown, including fractures to the left acetabular column, superior pubic rami, and right S1 joint. The animation also showcased partial tears in her right foot and shoulder ligaments, disc protrusions in her spine, and varying degrees of disc desiccation. The animation then detailed the medical procedure for screw fixation of her right sacroiliac joint disruption, showing each surgical step, from incisions to screw insertion. Finally, a 3D custom coup-contrecoup animation demonstrated her head and helmet striking the pavement and the brain's impact on the skull. The animation concluded with an injury animation highlighting six brain damage levels using the 3D character model.
Tim had everything he needed to go to trial, and as the trial date crept closer, settlement discussions continued. After several days of intense negotations, the Defense finally agreed to a number Tim believed to be sufficient for his client. The case ended with a settlement of $15,000,000.
Timothy Osborn, founder of Osborn Law in Bakersfield, CA, is a distinguished attorney specializing in personal injury, wrongful death, and major accidents. Admitted to the State Bar of California in 2005, Tim graduated cum laude from California State University, Fresno, where he lettered in football and was a member of the 1999-2000 WAC Championship Team. He earned his JD from Pepperdine University School of Law. He holds memberships in the Kern County and Los Angeles County Bar Associations, Consumer Attorneys of California, Consumer Attorneys Association of Los Angeles, and the American Bar Association. Recognized by the Million Dollar and Multi-Million Dollar Advocates Forums, Tim boasts numerous accolades, including an AV Preeminent Rating from Martindale Hubbell, multiple Super Lawyers honors, and a Golden Advocate Award from DK Global. His exceptional legal expertise is further highlighted by his inclusion in the Top 40 Litigators Under 40 in California and the Top 50 Verdicts Award from topverdicts.com.
1A diabetic low, also called low blood sugar or hypoglycemia, occurs when the level of glucose in your blood drops below what is healthy for you. For many people with diabetes, this means a blood glucose reading lower than 70 milligrams per deciliter (mg/dL).1 Your number might be different, so check with your doctor or health care team to find out what blood glucose level is low for you. (Ref: www.niddk.nih.gov)
