Arlington Jury Awards $66,455.62 in Motor Vehicle Negligence

On May 26, 2004, a plaintiff was a passenger in an automobile that was rear-ended near the intersection of Bedford Avenue and De Kalb Avenue in Brooklyn. The plaintiff's vehicle was preparing to make a U-turn when the collision occurred. The plaintiff subsequently filed a lawsuit, alleging the driver of the striking vehicle was negligent and the vehicle owner was vicariously liable. The defendants conceded liability, and the case proceeded to trial solely on the issue of damages. The plaintiff claimed to have sustained a herniated disc at C5-6, seeking medical treatment 21 days after the incident. Treatment included chiropractic care, acupuncture, massage therapy, and hot and cold packs over several months. The plaintiff reported missing two days of work and alleged permanent neck pain, decreased range of motion, and episodes of immobility, asserting an inability to engage in activities such as dancing, playing basketball, or wearing high heels. A family medicine physician testified on the plaintiff's behalf. The defendants argued that any injuries sustained by the plaintiff resolved within 90 days of the accident, with the decreased range of motion improving within three months. A radiologist testified for the defense, stating that the plaintiff's MRIs were normal and indicated no injury. Prior to the verdict, the parties agreed to cap any damages award at $25,000, which represented the policy limits. The plaintiff had also settled a claim with the driver of the vehicle in which she was a passenger for $3,500. Following the trial, a jury awarded the plaintiff $30,000, including $10,000 for past pain and suffering and $20,000 for future pain and suffering. The final recovery was then reduced to the agreed-upon $25,000 cap.

A motor vehicle collision occurred in Mesa County, Colorado, involving a vehicle operated by the defendant and another car carrying the plaintiff as a passenger. The plaintiff alleged the incident caused permanent personal injuries, pain and suffering, loss of enjoyment of life, and resulted in medical expenses and economic losses. The plaintiff filed a vehicular liability action in the Colorado District Court, Twenty-First Judicial District, County of Mesa, claiming the defendant's negligence. Allegations included failing to operate the vehicle prudently, maintain a proper lookout, obey traffic control devices, driving at an excessive speed, and failing to stop at a red light. The plaintiff sought damages for the alleged harm. In response, the defendant denied the allegations of negligence. The defendant also asserted affirmative defenses, including claims of failure to state a claim, culpable conduct, and failure to mitigate damages. The parties subsequently filed a notice with the court indicating that they had reached a settlement in the action.

A plaintiff with a classic automobile insurance policy filed a claim after three vehicles went missing or were stolen from a storage location in Denver, Colorado. The policy required storage in a specific secure building, but the plaintiff had moved the vehicles during renovations. Two vehicles were later recovered severely damaged, while a third remained unlocated. The insurer made a partial payment for one vehicle but denied full coverage, attributing some damage to wear and tear and denying the unrecovered vehicle's claim. The plaintiff sued the insurer in federal court, alleging breach of contract, unreasonable delay and denial of payment under Colorado statutes, and common-law bad faith. The insurer counterclaimed, seeking a declaratory judgment, alleging breach of the policy's misrepresentation and concealment provisions, and requesting recoupment of payments. These counterclaims were permitted to proceed following a magistrate judge's recommendation, which a district judge adopted. The plaintiff later amended the complaint to add the insurance producer as a defendant, alleging negligence if insurer coverage was denied. In July 2023, the plaintiff and the insurer filed a stipulation of dismissal with prejudice for all claims between them, indicating a settlement had been reached. The specific terms of this settlement were not publicly disclosed. Each party agreed to bear its own costs and attorney fees.

A rear-end collision occurred in Norwood, Ohio, on November 14, 2017, involving the plaintiff and an at-fault driver. The plaintiff sustained a C5-6 disc injury, requiring fusion surgery approximately ten months after the crash, and an L4-5 injury, which led to a microdiskectomy in December 2018. Medical bills for these treatments totaled $80,739. The at-fault driver's insurer settled for its $25,000 policy limits without a lawsuit. Following the initial settlement, the plaintiff filed an underinsured motorist (UIM) action against their own insurer, seeking compensation for medical expenses and pain and suffering. The plaintiff's insurer disputed the extent of damages, presenting testimony from a defense orthopedic expert who concluded the plaintiff's treatment course was unrelated to the crash, citing a thirteen-year history of similar symptoms. The defense also raised a $1,000 medical expense threshold defense. The case proceeded to a two-day jury trial in Florence, focusing on causation and damages. The jury first determined the plaintiff met the $1,000 medical threshold. They then awarded the plaintiff $80,939 for medical expenses and an additional $195,000 for pain and suffering, totaling $275,939. A judgment was entered for $240,739, accounting for the underlying policy limits and personal injury protection (PIP) coverage. The defense had made an $18,000 offer of judgment.

A motor vehicle collision occurred in Colorado, involving a vehicle operated by the plaintiff and another driver. The plaintiff alleged that the incident resulted in serious and permanent personal injuries, including neck and shoulder injuries, a concussion, and head trauma. After settling claims with the other driver, the plaintiff sought underinsured motorist benefits from the defendant insurer, with whom the plaintiff held a policy for $100,000. The plaintiff alleged the insurer refused to pay the benefits. Subsequently, the plaintiff filed a breach of contract action against the defendant insurer in the District Court 20th Judicial District, Boulder County, Colorado. The plaintiff demanded judgment for damages, litigation costs, and prejudgment interest. The defendant insurer denied the allegations and asserted affirmative defenses, including comparative negligence, failure to state a claim, and failure to cooperate with policy conditions. The parties later notified the court that they had resolved all claims. Following a notice of settlement and stipulation for dismissal, the court dismissed the action with prejudice, with each party bearing its own costs.