Cruser Mitchell attorney secured a verdict of $20,000 against the defendant in a damages-only case where the plaintiff’s medicals exceeded $55,000. The complaint alleged that the plaintiff sustained personal injuries due to an automobile accident caused by the defendant. Given the clear liability against the defendant, her carrier tendered its $25,000 limits prior to trial.
Although the Uninsured Motorist carrier withdrew its answer and agreed to defend the case in the defendant’s name, counsel for the UM carrier never agreed to take lead in the trial. Evidence shown during the course of the trial indicated that the plaintiff had been involved in a prior accident. As a result, Cruser Mitchell was able to successfully argue that the plaintiff’s medical treatment was excessive, and likely related to injuries sustained in the prior accident. After a two-day trial, the jury returned a $20,000 verdict against the defendant, thereby extinguishing any future subrogation exposure against the defendant.