Weber v. Rains, 2019 S.D. 53, 933 N.W.2d 471
Feb 22, 2018OUTCOME: $900,000 judgment in favor of Plaintiff
On February 22, 2018, a Hanson County, South Dakota jury returned a $900,000.00 verdict for Cutler Law Firm, LLP Attorneys Michael Bornitz and Sam Krystosek and their client in a car-semi collision law ... suit. The plaintiff, a construction contractor, was injured when a commercial semi-tractor and trailer drifted over the center line and hit the plaintiff’s vehicle. The plaintiff had, at the time of trial, approximately $11,000.00 in medical bills but was facing a lifetime of pain and suffering from permanent injuries. The defendants refused to acknowledge liability until shortly before trial, and their largest settlement offer was $17,000.00. Attorneys Bornitz and Krystosek demonstrated to the jury how the plaintiff’s neck and upper back were permanently injured in the collision, and how that injury would affect his life – and the lives of everyone around him – for decades to come. The jury listened to the evidence and returned a verdict of $900,000.00 in past and future pain and suffering, mental anguish, loss of enjoyment of life, and disability, along with damages for future medical bills and lost wages. On appeal, the South Dakota Supreme Court affirmed the jury's verdict.
