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In November 2012, the plaintiff was driving a sedan south on Trumbull Highway near an intersection in Lebanon. At the same time, the defendant was driving north on the same highway in a pickup truck. As the defendant approached a bend, he made a turn in front of the plaintiff and crashed into her vehicle. The defendant admitted to police that he never saw the plaintiff coming and later in a deposition that the car accident was his fault. He was ticketed for failing to give the right of way.
The plaintiff immediately complained of neck pain and was taken by an ambulance to Windham Hospital. At the hospital, doctors discovered the fractured bone in her neck. Concerned that she needed more complex care than they could provide, the doctors had her transported to Hartford Hospital. There, doctors opined that the fracture could have been a preexisting condition. The plaintiff was released and referred to an orthopedic specialist. That doctor also was unsure whether the crash caused the fracture and he in turn referred the plaintiff to a physical therapist. She also was later treated by a pain management specialist. The plaintiff still suffers from neck pain but is not a candidate for surgery. She still sees the pain management specialist and frequently takes Excedrin and uses pain-relieving gels. Doctor assessed the plaintiff with a 15 percent permanent partial disability rating.
The plaintiff was in a prior auto accident in 2000. At that time, she had a neck x-ray which revealed no fracture and she was completely asymptomatic leading up to the 2012 accident. Even though no doctor would testify that the 2012 accident caused the neck fracture, the fact that a past x-ray showed no fracture persuaded a judge to allow the matter to go to a jury.
The defense did not question liability, but argued that the 2012 accident could not have caused the neck fracture and urged the jury to award damages more appropriate for a neck strain or sprain. Regardless, she was asymptomatic until the crash and her life has been markedly different ever since. The plaintiff was very active before the accident. She liked to go canoeing and horseback riding and also did weight training. She also liked bowling. Following the accident, the plaintiff’s life became sedentary, she put on roughly 40 pounds. The plaintiff is now 34 years old. At the time of the accident, she was engaged. She has put the wedding on hold due to the weight gain. The plaintiff’s fiancé testified at the trial and said she now tends to wear dark clothes, which have a more thinning effect, so she can feel better about herself. Also, the plaintiff was taking classes at Manchester Community College at the time of the crash in order to become a respiratory therapist. She worked at a hospital, too. After the crash, she stopped going to school and eventually got a less active job doing accounting-type work.
The trial took place in Rockville Superior Court. Jury selection lasted two days and evidence presentation and deliberations lasted three additional days. Besides the fiancé, other family members and friends testified on the plaintiff’s behalf, discussing her life before and after her neck injury. The jury ultimately awarded $206,000. Of that amount, $56,000 was for economic damages including medical bills and the remainder was for non-economic damages.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source- http://www.ctlawtribune.com/id=1202748176431/Plaintiffs-Neck-Injury-Wedding-Plan-Delay-Lead-to-200000-Verdict?mcode=0&curindex=0