Mar 15 2017

Courtroom Success 2017-7: Morrison Mahoney Partner Joseph Seckler

Morrison Mahoney Partner Joseph Seckler received a favorable result after a three-day trial at Suffolk Superior Court. The case involved a motor vehicle accident in which our client, a van driver for a school bus company, took a left turn and was hit by the plaintiff’s car, which was traveling straight through the intersection. Both vehicles were totaled. The plaintiff sustained soft tissue injuries to his neck, back and knee, and alleged that after the accident that he could not perform his former job. He claimed ongoing knee pain and lost wages to the present. He submitted $14,000 in medical bills, $91,000 in lost earnings, and his attorney asked for $210,000 in damages in his closing.

We had considered stipulating to liability at one point as our client was on the job one week at the time of the accident, was fired by her employer immediately after the accident, was cited for the accident by the police for failing to yield the right of way, and had performed poorly at her deposition. Joe, however, successfully attacked the credibility of most everything the plaintiff claimed with his deposition testimony, medical records, and employment records.

After three hours of deliberations, the jury awarded $10,000 and found the plaintiff 15% at fault, which reduced the award to $8,500. After applying a PIP offset of $8,000 the award was further reduced to $500.

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