Clyde & Co trial team secures favorable jury verdict in high-exposure Arizona personal injury case

Clyde & Co recently secured a significant defense verdict following a week-long jury trial in a high-exposure Arizona case involving an emergency surgery, permanent organ loss, a fractured sternum, alleged lifelong health complications including permanent immunocompromise, and a substantial punitive damages claim.

The trial team was led by Melissa Gardner and Stephan Hoffman, Phoenix and Chicago partners, respectively, along with Matt Epstein, Phoenix associate. Lindsay Bowman, Chicago partner, provided key trial support as monitoring appellate counsel, helping the team secure favorable evidentiary rulings throughout trial through motions and oral argument.

The defense faced an exceptionally challenging set of facts. The then-19-year-old defendant was alleged to have been driving while intoxicated at nearly three times the legal limit, traveling at an excessive speed, and failing to stop at a designated stop sign before the collision. The plaintiff suffered a ruptured spleen requiring an emergency splenectomy, a fractured sternum, shoulder sprain, and claimed permanent consequences resulting from the collision, including lifelong immune-related risks, permanent scarring and disfigurement, loss of normal life, and emotional distress.

At trial, the plaintiff asked the jury to award USD 12 million in compensatory damages and an additional USD 36 million in punitive damages for a total demand of USD 48 million. Following deliberations, the jury returned a unanimous verdict awarding USD 650,000 in compensatory damages and USD 350,000 in punitive damages, for a total verdict of USD 1 million.

The result was particularly significant in light of the parties’ pretrial negotiations. Just weeks before trial, the plaintiff rejected a multimillion-dollar settlement offer that was several times greater than the jury’s ultimate award. In addition, because the verdict fell substantially below the defense’s earlier Offer of Judgment, the defense is expected to recover hundreds of thousands of dollars in fees and costs.

This outcome reflects the team’s trial strategy that focused on separating the inflammatory circumstances surrounding the accident from the evidence concerning the plaintiff’s actual injuries and long-term prognosis. Despite substantial punitive damages exposure and difficult underlying facts, the team held the total verdict to a fraction of the amount sought at trial and a nominal portion of the amount offered beforehand.

The result highlights Clyde & Co's deep trial capabilities and experience defending complex, high-exposure litigation for insurers and their policyholders across North America.