JURY FINDS JOB RESEARCH CREDIBLE
NATURE OF CASE:
Personal injury litigation stemming from an accident at a large theme park.
OUTCOME:
The jury returned a defense verdict on liability and therefore, did not deliberate on damages. However, when polled, jury members said they were impressed with Andersen’s research - they believed the plaintiff could have returned to work in the field he identified.
ATTORNEY:
Rick McCain of LaVoie, McCain & Jarman, Anaheim, represented the defendant.
ATTORNEY COMMENTS:
“Richard Andersen did an excellent job of research and preparing visual aids to illustrate his testimony.”
SITUATION:
The plaintiff, a 29 year old female, tripped over a cable at a theme park and fell, injuring her back and right leg. She had worked as an Account/Marketing Representative for radio stations, selling radio time to various business accounts. After her accident, she had chronic pain syndrome, but no surgery was indicated by her doctors.
FOCUS ISSUE:
The plaintiff was young, with a few years of college and no career path established. Andersen decided the clearest way to express her earning capacity was through her education. Further, since she had a year of experience as a Radio & Television Advertising Salesperson at the time of the incident, Andersen also opined that she could return to that type of work, which was consistent with her medical restrictions. He identified 189 employers within a 20 mile radius of her home whom she could contact for employment.
If for any reason she chose not to return to work as a Radio & Television Advertising Salesperson, Andersen determined she would require vocational rehabilitation services and vocational retraining to maximize her future earning potential. Andersen noted that if she was unable to find work in her field or benefit from training, she could, at minimum, do unskilled work.
ABOUT RICHARD ANDERSEN:
Richard Andersen has a master's degree in vocational rehabilitation and holds national certifications as a Rehabilitation Counselor, Vocational Evaluator and Disability Management Specialist, with 34 years experience in vocational rehabilitation. He has also testified in Superior Court in 10 California counties. VECTOR, Inc. specializes in vocational rehabilitation services, including vocational expert testimony on personal injury, wrongful death, ADA, harassment and discrimination matters. The firm, founded in 1975, serves both plaintiff and defense attorneys, providing the link between the physician and the economist to precisely determine damages.
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