Jury Finds Plaintiff at Partial Fault for Automobile Accident and Reduces Recovery Request
Plaintiff claimed injuries from a collision that occurred when the defendant’s tractor trailer changed lanes and struck the side of the plaintiff’s car with the truck’s deer guard. Minimal property damage to the right-rear quarter panel of the plaintiff’s sedan. The plaintiff denied injury at the scene but went to urgent care later that day. She presented medical specials for carpal tunnel syndrome release procedures and neck and lumbar herniations. She also claimed loss of her job. The plaintiff demanded $9 million prior to mediation but increased her demand to $23 million at mediation with no change in her damages. The plaintiff asked the jury to award just over $16 million. Jury returned a $1.7 million verdict for plaintiff and found plaintiff 40% at fault which reduced her recovery to just over $1 million. Plaintiff was allowed to raise a discovery dispute and Daubert challenge mid-trial which, until this trial, was unheard of in federal court. The trial judge helped the plaintiff’s counsel cross examine the investigating police officer, our client and our medical billing expert. Plaintiff filed a motion for $1 million in attorney’s fees which the judge denied.