Sean Scoggin defended our client in a jury trial involving a motor vehicle accident that occurred in August 2007 in Rawlins, Wyoming. Our client was driving behind the Plaintiff. As the two pulled up to a stop sign, Plaintiff came to a stop and our client failed to stop in time and her front bumper made contact with the trailer hitch on Plaintiff`s truck at less than 5 miles per hour. There was a small amount of damage on the front bumper of the vehicle being driven by our client and no damage to Plaintiff`s truck. Plaintiff claimed that the accident caused damage to the driver’s seat recliner.
Our Client`s children who were in the back seat of her car were uninjured and they felt no more than a slight bump in the impact. The police were contacted and it took approximately 25 minutes for an officer to arrive. During that 25 minutes Plaintiff did not complain of any physical pain and was walking around without visible problems. He also indicated that he had been in a previous accident about one week before this accident. Once the officer arrived, he noted no damage to Plaintiff`s vehicle and that there was less than $1,000.00 damage to the vehicle driven by our client. Police video also showed Plaintiff walking around the scene of the accident with no discernable problems.
Plaintiff`s prior medical history also included his being on Social Security on and off since 1977 following an accident in which a tree fell on him and he sustained injuries to his neck, back and all off his left side. He had a second accident in 1978 where he smashed his neck and shoulder against the roll bar of a tractor.
At trial, Plaintiff claimed that as a result of the accident he had undergone two cervical surgeries and that he had problems with his low back. He asked the jury to award medical bills totaling $165,000 plus pain and suffering, loss of enjoyment of life and disability as a result of the accident. Ultimately the jury awarded only $8,437.75.