Lewis Lerman and Carissa Smith obtained a defense verdict in an automobile accident case tried to a jury. Several years ago, the plaintiff was operating her vehicle in North Haven when she was rear ended by the defendant. She alleged a significant force to her vehicle, causing it to be pushed forward, and resulting in her being shaken up and feeling that her brain was scrambled. The defendant told the investigating police officer that he was momentarily distracted and when he looked back up, he rolled into the plaintiff’s vehicle. The plaintiff complained of neck, left knee and abdominal pain, and went to the hospital later that day, where an ultrasound showed fluid in her abdomen. She left the hospital against medical advice, because she did not want to have a CAT scan, but returned two days later and began a course of physical therapy. She was evaluated by an orthopedic doctor beginning three months later, and she began to complain of pain in her hands. She was diagnosed, four years after the accident, with bilateral carpal tunnel syndrome. The orthopedic doctor concluded that the right carpal tunnel diagnosis was not caused by the accident, but the left carpal tunnel diagnosis was caused by the accident. He testified live at trial, and gave the opinion that he has been treating her ever since the accident and that her injuries are permanent. The defendant had an independent medical records review performed by another orthopedic doctor, who also testified live at trial. He determined that the plaintiff does have carpal tunnel syndrome in both hands, but testified that these conditions were not caused by the accident.
The plaintiff submitted medical bills of $28,000, and asked the jury to award in excess of $200,000 in total damages. Prior to trial, the defendant offered $50,000, but this was rejected by the plaintiff. The plaintiff’s demand was for the policy limits, which was $100,000.
The jury awarded total damages of $22,500, which consisted of $17,500 in economic damages and $5,000 in non-economic damages.
The defendant had filed an Offer of Compromise for $25,000. As a result, because the jury award was less than the offer of compromise, the plaintiff will have to not only pay for her doctor’s trial testimony, but she will also have to pay for the defendant’s doctor as well.