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Facts of Mayrink v. Luchsinger
This is a herniated disc case. The plaintiff, a painter by trade, crashed into a median strip after being pushed off the road by the defendant who must have changed lanes without looking. Usually, in these lane change cases, you almost invariably have a liability fight on your hands. Defense counsel in this case, probably wisely, admitted responsibility. Why is this wise? Defense counsel often admits liability because they know if they fight and lose there is real credibility lost on the scope of the injuries battle. By admitting fault, the defendant seems more credible and honest than if they fight on liability and lose. Continue reading