Phoenix Associate, Joshua Offenhartz, Obtains Defense Verdict for Automobile Insurance Client
After Full Day Arbitration Hearing in Phoenix, Arizona
Joshua Offenhartz, an Associate in the Phoenix Office, completed a one-day arbitration hearing in the Superior Court of Maricopa County and obtained a defense verdict. Defense counsel represented an insured of a major automobile insurance company.
Plaintiff was seeking significant damages claiming she suffered permanent injuries and continued to suffer from devastating anxiety when an automobile entered the building where she worked. Defense argued that the client had suffered from an unforeseeable medical emergency, which shielded him from liability, and that Plaintiff had not shown she was injured or that she had occurred any damages from the incident. Joshua relied on expert testimony from retired a neurologist to show that the client’s condition was well managed, and his seizure was unexpected, and testimony from a neuropsychologist to show that Plaintiff was malingering/faking her symptoms.
The Arbitrator found that the client had acted reasonably under the circumstances and Plaintiff had not met her burden of proof with respect to damages. The case will be referred to state court where the judge will now consider what portion of the client’s costs and fees are recoverable.