Unger v. Hannan
Aug 07, 2019OUTCOME: The jury awarded the Plaintiff $331,250
The defendant in this motor vehicle negligence action stipulated to negligence and did not dispute that she was intoxicated at the time of the subject collision. Accordingly, the case was tried on the ... issues of damages and causation only. On December 17, 2015, at approximately 12:30am, the 34-year-old plaintiff was struck by the defendant’s vehicle. The defendant subsequently pled guilty to DUI and reckless driving. The plaintiff was diagnosed with a concussion and also claimed post-concussion syndrome, an occipital nerve injury and a brachial plexus injury as a result of the accident. She testified she had life-changing headaches that continue, albeit less frequently, through the present. The plaintiff also testified she suffered regular vomiting episodes, sensitivity to light and cognitive deficits which she claimed were causally related to the subject accident. The plaintiff testified she was previously extremely active and worked out at the gym regularly. She claimed, as a result of her accident-related injuries, she was unable to exercise and lost twenty pounds of muscle. The plaintiff also alleged that she could not pursue her planned real estate career and lost valuable time with her family as a result of injuries sustained. The defendant concurred that the collision caused a concussion to the plaintiff, but claimed that she had recovered from the injury and suffered no permanent impairment. The defense maintained that the plaintiff's cognitive issues were pre-existing and not the result of the collision.
