Garcia v. Duncan (A-18-772771-C).

Defendant nodded off while driving and crossed over the centerline resulting in a three-vehicle accident.  There was no question that our client was negligent.  Subsequently, Plaintiff who was in her twenties underwent multiple sets of steroid injections and a radiofrequency ablation.  She was also diagnosed with chronic pain and given a recommendation for future radiofequency ablation surgeries twice annually for the next 60 years as well as periodic physical therapy and other related treatments.  At trial, Plaintiff's counsel argued for $1.5 M in past and future pain, suffering, loss of enjoyment, and medical treatment. Our evidence demonstrated various inconsistencies in the Plaintiff's statements to treatment providers as well as in the diagnosis and treatment actually undertaken. We also presented evidence that Plaintiff failed to drive defensively and could have avoided the subject accident.  

VERDICT: $125,000 for Plaintiff's past medical expenses, future medical expenses, and past and future pain and suffering and loss of enjoyment.  The jury also found the Plaintiff 15% comparatively at fault, resulting in a reduction of the verdict amount to $106,250 (approx. 1/15th of what Plaintiff sought at trial against our client).

TRIAL COUNSEL: William H. Pruitt, Esq. and Joseph R. Meservy, Esq.