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Wetmore v. State Farm Ins. Co.

Case Conclusion Date: 11.10.2005

Practice Area: Personal injury

Outcome: Verdict - $85,000

Description: Plaintiff Wetmore's car was rear-ended by other driver. Ms. Wetmore sustained neck injury. Other driver's insurance company paid $50,000 policy limits. Ms. Wetmore brought claim for under-insured motorist benefits under her own auto policy with State Farm. Her medical bills were approximately $10,000, with no lost income. State Farm did not dispute that Ms. Wetmore had been injured, but argued that her injury was not so bad, that she would have little or no future pain, and would need little or no future medical care. The jury returned verdict totaling approx. $45,000, including money for past pain and suffering and lost of enjoyment of life, her past medical bills, and $20,000 for future physical therapy, but $0 for future pain, suffering, and loss of enjoyment of life. We moved for additur or new trial. The trial court granted our request, adding $40,000 to the verdict for a total verdict of $85,000 plus costs. State Farm appealed, arguing that the trial court abused his discretion in increasing the verdict to include $40,000 for future pain and loss of enjoyment of life. The Vermont Supreme Court affirmed the verdict. State Farm paid the verdict plus costs and pre and post-judgment interest.

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