Personal Injury

Motor Vehicle Accident – Rear End Impact. Father, mother and adult daughter were passengers in a car struck by an 18-year-old defendant driver. Plaintiffs sued the driver and his father, the owner of the car. Plaintiffs all alleged neck, shoulder and back injuries and that they were still suffering from pain at time of mediation, 20 months after accident. Plaintiffs produced medical bills and alleged total lost wages for all three. Defense contested causation and the nature and extent of claimed injuries.

Assault and Battery. The co-captains of the college soccer team were playing ping pong when a fight broke out. Plaintiff alleged that Defendant was much larger and attacked him, dislocating his shoulder and knocking him unconscious. Plaintiff had shoulder surgery and claimed the shoulder never healed, which significantly inhibited his use of the shoulder. Defendant claimed it was merely a wrestling match started by Plaintiff, and he contested liability, the nature and extent of the injuries, and the amount of damages sought.

Personal Injury. Plaintiff, a 36-year-old male, alleged an employee of a big box warehouse store ran over his left foot with a pallet jack while Plaintiff was walking next to the employee in an aisle. Plaintiff alleged fracture, physical limitations and economic damages. Defendant claimed Plaintiff suddenly walked into the pallet jack from another aisle, disputed liability and contested the nature and extent of Plaintiff’s injuries and damages.

Commercial Trucking Accident. Plaintiff owner/driver of a dump truck filed lawsuit for damages caused to the truck when another dump truck struck the vehicle at a construction site. Repairs cost $40,000. Plaintiff alleged the truck was his sole source of income and it was inoperable for five months during the busy season, which resulted in lost income, consequential damages and pre-judgement interest in excess of $280,000. Defendant disputed the amount of lost income/wages, whether consequential damages and interest could be recovered and argued that Plaintiff failed to mitigate his damages by renting a replacement truck or completing temporary repairs until the busy season ended.