Jennifer Stauffer recently obtained a favorable award in an underinsured motorist trial in the United States District Court for the Middle District of Pennsylvania. After a two-day jury trial the court molded the verdict resulting in an award of zero dollars for the plaintiff. The case stemmed from a rear end collision, and both negligence and causation were not at issue.
The parties presented evidence regarding damages including the plaintiff, three medical experts and a life care planner. The plaintiff argued that she sustained a low back injury necessitating nine months of chiropractic treatment and a radiofrequency ablation. She boarded in excess of $300,000 of future medical treatment and argued the need for a three-level cervical fusion.
The defense argued the minimal nature of the property damage, degenerative changes in the diagnostic studies, and primarily conservative treatment with gaps in treatment and no recent treatment. The defense presented a board certified neuroradiologist who testified that there were no acute findings on the diagnostic studies to relate any of the plaintiff’s injuries to the accident. The defense also presented a board-certified orthopedist who testified that the plaintiff’s subjective complaints did not correlate with the objective findings in the records.
The plaintiff demanded $70,000 before trial, and defendant offered $25,000. The jury returned an award of $10,000 which was within the third-party tortfeasor credit resulting in a net UIM award of $0.00.
