A Monroe County jury has awarded a Metzger Wickersham client $150,000.00 for non-economic damages.
The plaintiff was injured in a motor vehicle crash in 2016 and the award was entirely for pain and suffering. The jury that presided over the case of Clark v. Nationwide Insurance hit the insurance company with the verdict following a two-day trial before Monroe County Court of Common Pleas Judge Jennifer Harlacher Sibum.
According to pre-trial filings, Nationwide’s top settlement offer prior to the verdict was a total of $50,000.00. Nationwide Insurance adamantly disputed the extent and nature of the plaintiff’s injuries throughout the lawsuit.
Attorney Campbell argued on behalf his client that the injuries suffered in the motor vehicle crash were much more substantial than the injuries claimed by the defense’s expert physicians. Nationwide hired two physicians who offered testimony regarding the minor nature of the plaintiff’s injury. Attorney Campbell was able to attack the credibility of these two doctors using the plaintiff’s medical records and the lack of any prior injuries. Plaintiff’s expert said the plaintiff suffered an aggravation of his underlying cervical condition and had two herniated discs after the crash. Although the plaintiff did not undergo surgery, he testified that he underwent over six months of treatment, including an injection.
Attorney Campbell also argued it was unfair for Nationwide to criticize the plaintiff for continuing to work and to take a vacation to Niagara Falls almost three years after the crash. The jury deliberated for approximately one hour before returning the unanimous, $150,000.00 verdict.
Attorney Rebecca Bailey and Litigation paralegal, Melanie Pilger, assisted throughout the trial, which included the tough task of picking the 12 person jury panel.
When asked about the verdict, Attorney Campbell said he will continue to fight for his clients who have to battle to get the benefits they paid for through their own automobile insurance policies. “This sends a message to insurance companies like Nationwide that we will not back down and believe that juries will do the right thing when presented with all of the evidence.”
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