Friday, March 14, 2014

$326,300 Verdict: Wreck as cause of injuries disputed

Plaintiffs able to show basis in accident

In a third-party no-fault lawsuit filed in Wayne County Circuit Court, plaintiffs sought compensatory damages from defendant on claims of auto negligence.

Liability was the primary issue in this case, as both parties argued that they had a green light.

Defendant argued that plaintiffs had significant prior injuries to their spines and that plaintiff had prior complaints of radiculapothy in his left knee. Defendant also presented the theory that plaintiff fabricated his claim that his injuries were caused by the accident, and alleged that plaintiff switched positions with (the driver) after the accident.

Plaintiffs were able to successfully meet their burden, showing that the injuries caused by this accident were in fact new injuries and the knee surgery that plaintiff underwent was a direct result of the motor vehicle accident.

Type of action: Third-party no-fault
Type of injuries: Left knee medial meniscal tear, lumbar and cervical herniations
Court/Case no./Date: Wayne County Circuit Court; 12-003766-NI; Feb. 14, 2014
Tried before: Jury
Demand: $196,800
Highest offer: $5,000
Verdict amount: $326,300

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