Court Awards $3,484 Despite Plaintiff's Exaggerations
by
Joseph C. Maya on Apr. 12, 2017
Accident & Injury Accident & Injury Car Accident Accident & Injury Personal Injury
Summary: Blog post about a victim who was awarded damages for a car accident despite exaggerating injuries.
Contact the personal injury attorneys at Maya Murphy, P.C. today. We can help you get the just compensation you deserve for your injuries or those of a loved one. For a free initial consultation, call 203-221-3100 or email JMaya@Mayalaw.com.
In an action for personal injuries arising out of a motor vehicle accident, plaintiff driver moved for an additur, claiming that in light of the award of economic damages, the jury could not have reasonably failed to award her noneconomic damages. Defendant, the operator of another vehicle, objected.
The driver's principal claim of injury was to her low back. The rider was treated by a physical therapist 14 times for her injury. She was also seen by another doctor who opined that she had a five percent to six percent permanent partial impairment of the thoracolumbar spine. After she moved for an additur, the trial court found that the accident occurred at a residential intersection and that both vehicles were damaged. Although the operator did not call her own expert to controvert the second doctor's testimony, she did contest, by cross-examination and argument, the existence and extent of the driver's disability. Additionally, the driver was a passenger in a motor vehicle months later that was in another accident, heavily damaged and rolled over. The driver was again taken by ambulance to the hospital. However, she did not complain of low back pain as a result of that accident. As such, the trial court found that the jury could have reasonably found that the driver exaggerated her symptoms. The jury could not, however, find that the driver did not suffer pain at the scene of the accident and at the hospital. The motion for additur granted.
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: Neysmith v. Pagan-Hart, 2003 Conn. Super. LEXIS 1387 (Conn. Super. Ct. May 7, 2003)
