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August 7, 2019
Favorable Outcome in Hearing in Damages of a Motor Vehicle Case

Robbie Gerrick successfully defended a claim for damages against one of State Farm’s insureds in a motor vehicle accident case. The Plaintiff suffered soft tissue injuries in a rear-ended collision on the Merritt Parkway. The property damage to plaintiff’s vehicle was minimal. Liability was admitted and the case proceeded to a hearing in damages before a jury in Bridgeport Superior Court. The trial was hotly contested over the admissibility of the minimal property damage and how it should be considered by the jury. The extent of plaintiff’s pre-existing condition and the actual injuries she may have sustained in this accident were also fully contested. The plaintiff called the defendant’s doctor, an orthopedic surgeon who performed an independent medical examination of the plaintiff, to testify about his opinion that the plaintiff sustained a 6% permanent impairment to her whole person as a result of the accident. On cross-examination, we were able to establish that the doctor’s opinion was based on accepting the plaintiff’s sole version of the events and not on any objective test findings. After a two-day trial, the jury initially awarded plaintiff’s claimed economic damages for medical bills, $15,588.46, and awarded $0 dollars in non-economic damages. After returning to the jury room for further deliberations on the judge’s order to reconsider awarding non-economic damages, the jury returned with the same amount for economic damages and awarded $12,500 for non-economic damages. Plaintiff’s total damages award of $28,088.46 was significantly less than the demand of $96,000, and the offer to settle prior to trial.

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Robbie T. Gerrick
Litigation & Dispute Resolution
Personal Injury