Favorable Verdict

Defense admitted liability, the case was tried solely on the issues of causation and damages. Plaintiff alleged that she was rear-ended from an impact which totaled the Defendant’s vehicle. Plaintiff sustained left shoulder sprain/strain, neck sprain strain, low back with possible annular tear and bulges at L4-L5 and L5- S1 for which a dicogram and nucleoplasty surgery had been recommended. The jury determined that the negligence of the Defendant was the legal cause of injury, loss or damage to the Plaintiff and that Jose Rivera was not entitled to any recovery for the filial consortium claim or for the loss of services for his daughter. The verdict awarded Plaintiffs a net of $6K. The Plaintiff asked the jury for her medical bills ($22K) and future medical expenses, future loss of earning capacity, pain and suffering in the past and future, and loss of support and services for the father. The jury awarded the Plaintiff less than her medical bills (i.e., only $16K). The jury also determined that the Plaintiff was not entitled to any future medical bills, had not sustained a permanent injury. The Jury awarded the Defendant the $10,000 setoff for the payable PIP benefits at trial. Read More