Defense Win
Monday, December 2, 2024
by: Kyle Riley and Veronica Wells, Smith Freed Eberhard

Section: Fall 2024




Congratulations to Kyle Riley and Veronica Wells of Smith Freed Eberhard.  Kyle and Veronica recently received a jury verdict far lower than the most recent offer and far away from Plaintiff’s ask.  The trial occurred the week of September 16, 2024.  In February 2021, Plaintiff and Defendant were involved in a rear-end motor vehicle accident.  Defendant was working at the time and liability was admitted.
 
Plaintiff is a 35-year-old single mother of two children. As a result of the car accident, she sustained a broken nose.  She complained of post concussive syndrome, including headaches, dizziness, and visual dysfunction.  She claimed ongoing neck pain as a result of the accident at the time of trial.  Finally, she claimed as a result of her broken nose a need for rhinoplasty.  Her expert opined she would need quarterly Botox injections for the rest of her life to control her headaches.  After five days of trial, Plaintiff’s counsel asked the jury for an award of $5,000,000 for disfigurement, disability, and loss of enjoyment of life.  The Friday before closing the defense offered $400,000 to settle the matter.  The jury returned a verdict of $150,000 in just under six hours.