Perrier & Lacoste Obtain a Defense Verdict for National Trucking Company – February 2016
After a week-long jury trial, the Perrier & Lacoste litigation team of Guy Perrier and Nathan Gaudet scored a victory for our client, a nationwide trucking company, and its driver.
The accident occurred when the defendant driver cut across three lanes of interstate and side swiped the plaintiff, who was traveling approximately 70 miles per hour. The plaintiff, who had no prior history of shoulder, back, neck, knee or wrist pain, received epidural steroid injections to his spine, a bilateral lumbar laminectomy, a three-level discogram and a three-level bilateral lumbar medial branch neurotomy at the hands of Dr. Kenneth Vogel. He also had a left knee arthroscope by Dr. Allen Johnston. The procedures did not ameliorate his painful condition, and he was still treating with Dr. Vogel at the time of trial.
At trial, the plaintiff’s medical specials were nearly $100,000, and he had treated for approximately 28 months. In addition to the spine and knee procedures, Dr. Vogel recommended a lifetime of continuous care for the plaintiff’s lumbar spine, and Dr. Johnston testified the plaintiff would need a knee replacement surgery. The plaintiff’s claimed future medical special damages were well into seven figures and supported by medical testimony.
The jury found the plaintiff’s spinal procedures and treatment with Dr. Vogel and knee surgery and treatment with Dr. Johnston were not caused by the accident. The jury awarded the plaintiff total damages in the amount of $38,700, which were further reduced after assessing 10% fault of the plaintiff for not paying attention.