Ulzheimer and Team of Attorneys Wins Jury Verdict for Defense 9-3 in Credit Damages Case

Posted by kelseyemerson - April 13, 2010 - Credit - No Comments

On April 5th, 2010 a jury in San Diego voted 9-3 for the defense in a credit damages claim against an insurance company. John Ulzheimer served as the credit expert witness for the defense team and testified at deposition and trial that the actions of the defendant did not, in any way, cause credit damages to the plaintiff.

Plaintiff was a non-staff handyman at an apartment complex and was sued several years prior when a party at the apartment went horribly bad and someone was injured. He was named in the lawsuit and the apartment’s insurance provider would not provide for a defense since he was not an employee. He lost by default and a judgment in excess of $4 million dollars was filed against him.

Shortly after, he filed a lawsuit against the insurance company and changed his story to say that he WAS an employee of the apartment complex and should have had his defense paid for. Within the complaint was a claim for credit damages caused by the judgment.

Plaintiff hired his own expert witness who claimed the judgment, which was never on any of the plaintiff’s credit reports, caused him to be declined credit and cost him a job. Plaintiff’s expert, who claims to be an expert in credit reporting and credit scoring, overlooked one key fact…items not on your credit report cannot cause credit report damage or credit score damage. Yet, even under oath at deposition, their expert held firm that items not on a credit report can cause credit damage.

A review of the Plaintiff’s three credit reports showed that the judgment was not being reported and had never been reported. Regardless, even if it had been reported it would have had no incremental negative impact on his credit because his credit reports were populated 100% with negative information and no positive information. His credit scores would have been in the lowest 1% nationally even without the judgment being reported to his credit. As such, any lender or employer who would have reviewed his credit as part of their underwriting or screening processes would have seen a record of horrible credit performance.

Ulzheimer was the last expert witness the testify. Shortly after the jury rendered their verdict, not guilty on all counts and the plaintiff takes $0. The feedback from the jury members was positive, “The jury said they thought you were great and they didn’t believe (the plaintiff’s expert) at all.”

Although Ulzheimer has been an expert witness in over 50 cases, trials are rare. The results in San Diego kept Ulzheimer’s trial record a perfect 3-0.

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This article should not be interpreted as legal advice or testimony. It does not represent any conclusive opinion of the author or any of the credit experts from ExpertCreditWitness.com.