Phillip Bryant Successfully Reduces Plaintiff Award in Personal Injury Claim

PS Partner: Phillip Bryant

We represented: Virginia Evans

 Venue: Circuit Court of the City of St. Louis, Division 19

Facts:

Defendant Virginia Evans (insured by Safeco Insurance) stopped her car behind that of plaintiff Tana Houston at a traffic light.  Ms. Evans’ foot slipped off the brake pedal and her car rolled into the rear of the plaintiff’s.  There was no damage to either vehicle.  The plaintiff claimed to have sustained herniated discs of the cervical and lumbar spine that will eventually require surgery.  The plaintiff presented incurred medical expenses of $36,520, incurred lost income of $3,612 and the future cost of surgery of $75,000.  The defense was that if the plaintiff sustained any injuries, those were limited to cervical and lumbar strains that resolved by October 30, 2008.  Treatment up to that date cost $2,700.  In closing, plaintiff’s counsel asked for $140,000.  The defendant suggested $4,700.

The jury returned a verdict for the plaintiff.

Last Demand: $140,000 during trial

Last Offer: $4,700

Verdict:  Plaintiff’s verdict awarded $5,000.

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