Mark Trimble just tried a case in the Wood County Court of Common Pleas. The jury returned a verdict of $5,000.00. The last offer to settle was for $12,500.00, with settlement authority to $25,000.00. The last demand from Plaintiff’s counsel was “not a nickel under $50,000.00.” Further, in Plaintiff’s Closing Argument, she asked for $300,000.00 in damages! It appeared that the Plaintiff wanted to access funds from her underinsured motorist carrier. The Defendant’s policy limits were $50,000.00.
In this case, the Defendant traveled left of center on a state highway in which a significant accident occurred. The parties were fortunate that neither was injured more seriously. The Plaintiff’s only claimed injury was a “gamekeeper’s thumb”. The medical records indicated that within a month and a half the fracture was healing radiographically. More importantly, the Plaintiff denied any pain and the physical examination was normal with the orthopedic physician. Plaintiff then, over the last 2 ½ years, treated on a regular basis with her family physician, without complaints. This physician would conduct grip tests at each yearly physical. There was initially a decrease in grip strength, but the grip strength came back to average for a person of Plaintiff’s age. The Plaintiff’s life activities included extensive traveling without any issues involving the thumb.
Plaintiff’s counsel made an interesting strategy decision in which she did not submit the medical bills and/or the Robinson v. Bates numbers as damages. As such, the only issues that the jury had to consider were the extent of the injuries and pain and suffering.
Congratulations Mark on another win!