Morrison Mahoney Partner Douglas Price and Associate Bridget Regan recently obtained a defense verdict following a six-day jury trial in Worcester Superior Court.
The plaintiff alleged she sustained a traumatic brain injury with significant cognitive deficits, anxiety, panic attacks, PTSD and a cervical disc injury, all as a result of a 2012 motor vehicle collision with the defendant. She claimed to be totally disabled and alleged in excess of $800,000 in lost earning capacity which was proffered through testimony of plaintiff’s economist. Through the testimony of defense medical experts, including a neurologist, neuropsychologist, and psychiatrist, we were able to establish that the plaintiff did not suffer a concussion or cognitive deficits as a result of the accident but that the plaintiff’s medical condition was pre-existing as were the plaintiff’s anxiety and panic attacks.
Notwithstanding the strong defenses on damages, the case was ultimately decided on the issue of liability. The plaintiff testified the defendant had failed to stop at a stop sign and turned left directly into her lane, causing a head-on collision. Conversely, the defendant testified she stopped, nosed into the intersection partially in the plaintiff’s lane, and waited to complete her turn once vehicles coming from the opposite direction waved her on. After deliberating for an hour, the jury found the defendant not negligent.