March 2006 - Reduced Jury Award Due to a Lack of Concrete Damages

Lawsuit arising out of high speed rear-end collision.  Plaintiff alleged, and presented evidence at trial, that 16 year old Defendant was traveling 45 mph, in the rain, with poor windshield wipers at time of accident.  Plaintiff was a postal worker on her mail route at the time of the collision.  Her medical bills were paid by the U.S. Postal service, which had a $15,000.00 subrogation claim.  The Plaintiff treated with general practitioners, neurosurgeons, pain medicine specialists and physical therapy.  The Plaintiff was released from regular care with a 5% impairment to the body as a whole and work restrictions in the light duty category.  These restrictions did not meet the requirements for her job as a rural mail carrier.  The Postal Service made accommodations for the Plaintiff and she continued to work after the accident.  The Plaintiff requested over $180,000.00 at trial.  The jury returned a verdict for the Plaintiff in the amount of $35,000.00.  Monty Montgomery represented the Defendant.

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