Reported in the Lawyers Weekly
In May 2002, the defendant who was driving a tractor trailer struck the vehicle in which the plaintiff was a passenger. The defendant ran a red light, and was also traveling at a speed which exceeded the limit in the area. Liability was never an issue in this case from the start.
During the accident the plaintiff suffered severe injuries. These included a ruptured spleen, which in turn resulted in surgery and a large scar. In addition, fractured ribs and further injury to a past hernia condition required additional surgery. Psychological issues also came into play when the plaintiff was diagnosed with depression, PTSD, and agoraphobia.
At the time of the accident the plaintiff was working at a pizza parlor for $10.00/hour. Being that he was receiving some payment "under the table", lost wages were difficult to determine.
During this case the plaintiff's counsel demanded that the psychiatric examination be conducted at the home of the plaintiff. They argued that this was necessary due to the plaintiff suffering from agoraphobia. Even though the psychiatric examination showed that this condition was attributed to a pre-existing problem, counsel was still able to come to a financial resolution on the overall damages. The case settled at mediation for $350,000.00.
