Dale Parker and Thomas Rinaldi recently completed a two day trial in an admitted liability auto case.
Plaintiff sought UIM benefits from his automobile insurance carrier. The defense admitted causation as to some of the Plaintiff’s claimed injuries, however, defended the case on the necessity of the Plaintiff’s continued medical treatment and bills. Specifically, Plaintiff alleged that a future ‘possible’ neck surgery was related to the automobile accident.
Plaintiff was a passenger in a vehicle that went through a guard rail and ultimately ended up in a canal. He treated consistently for ten months, but Mr. Parker argued there were no documented neck complaints until a subsequent motor vehicle accident took place. Mr. Parker stated that the jury should award some of Plaintiff’s past medical bills, but it should not award any future medical bills, since any future medical treatment would only be related to the subsequent motor vehicle accident. Past medical expenses were over $40,000.
Although Plaintiff asked the jury to award nearly $240,000 in damages, the jury awarded only past medical expenses in the amount of $38,853, $3,500 for past pain and suffering and no future medical expenses or pain and suffering, which will result in a net zero verdict after collateral setoffs.