Hernandez

I. FACTUAL AND PROCEDURAL BACKGROUND

Hernandez sued Golden Dragon Buffet after sustaining injuries to his right knee from a fall at the restaurant in 2014. After intervening as the responsible insurer, KBIC stipulated to liability, and the parties proceeded to trial in 2019 on the issue of damages.

1 A. Opening Statements During her opening statement, Hernandez’s counsel described the issue before the jury as the “harms and losses” caused by a quadriceps tendon tear Hernandez suffered from his fall and a subsequent surgery that was only partially successful. She claimed that the 2014 injury “continues to the present day” and “will continue into the future.” Counsel noted that since his 2014 injury, Hernandez also tore his meniscus and had surgery on it, but these were “unrelated” to the fall and Hernandez was not seeking medical expenses for that surgery. In his opening statement, KBIC’s attorney told the jury that it would be hearing from its expert that Hernandez had “recuperated” from his 2014 quadriceps tendon tear and that his subsequent medical treatment was “unrelated” to that injury. B. Trial Testimony 1. Hernandez Hernandez testified that he was currently employed as a…