Troy McRitchie recently defended an uninsured motorist carrier in a case with admitted liability where the plaintiff suffered from a a dislocated right wrist with aggravation of prior carpal tunnel syndrome, requiring surgical release. Also, Plaintiff claimed a meniscal tear of the right knee confirmed by MRI. The defense questioned that the meniscal tear resulted from accident in question. Additionally, the Plaintiff claimed an aggravation of a pre-existing back injury with surgical recommendation by a local physician. Finally, Plaintiff claimed a fracture to the left elbow and underwent several pain injections.
A proposal for settlement had been filed for $50,000 and had expired prior to the trial. Mr. McRitchie was successful in arguing that the Plaintiff’s wage loss claim should be dismissed as speculative.
At the close of the trial the plaintiff asked the jury for over $350,000 in total damages. The Jury returned a verdict finding that the accident was the “legal cause” of the injuries complaint of and awarded only past medicals of $36,353.32. The jury awarded $0 for future medicals, $0 for past pain and suffering and $0 for future pain and suffering.
With respect to the past medical expenses, the defendant received a setoff for $10,000 in PIP benefits, resulting in a New award of only $26,353.32 and an expired proposal for settlement of $50,000. Therefore, with the Defendant’s potential entitlement to tax fees and costs, the verdict results in a net loss to Plaintiff.