Defense Strategy Significantly Reduces Client's Damages
In a two-week jury trial in Oskaloosa, Kansas at the end of October and the beginning of November, 2018 (Donna Huffman v. Meier’s Ready Mix and Leo Merando), the plaintiff claimed defendant’s loaded cement truck t-boned her at 65 mph causing her vehicle to be knocked off the highway and land in a ditch. There was no dispute that she had a traumatic brain injury. However, there was a significant question about her claimed damages and whether her injury prevented her from continuing to practice law and operate her mortgage business.
Plaintiff claimed damages in the following amounts: (1) $146,079.97 in medical expenses; (2) $1,000,000 in future medical expenses; (3) $7,627,720 in lost income; (4) $650,000 in miscellaneous economic damages; (5) $250,000 in pain and suffering; and (6) punitive damages. The jury returned a verdict in favor of the plaintiff but found her to be 25% at fault for the accident. The resulting reduced judgment for damages was approximately half of the settlement offer made to her over a year before the jury trial. It was over $10M less than her settlement demand of $11M.
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