Sean W. Scoggin provided a successful defense to our client in an automobile accident. Plaintiff met our client a local bar and proceeded to ask him for a ride. Plaintiff alleged that she did not know that Defendant had been drinking. The ride resulted in a one vehicle accident and our client was found to be driving under the influence of alcohol. Our client admitted fault but did not waive a finding of comparative fault on the part of the Plaintiff.
Expert testimony of Plaintiff`s emergency room doctor established, contrary to her testimony, that there was no loss of consciousness and she was discharged without pain medication with a pain level no pain. A defense expert reviewed Plaintiff`s medical records and testified at trial that Plaintiff suffered no more than a bruised sternum and small abrasions and that complaints regarding the low back and neck were pre-existing complaint and not related to the accident.
Plaintiff made a claim to the jury for $850,000 in damages. The Jury awarded $15,000 in damages and denied a request for punitive damages. Our client was found negligent by the jury but also apportioned 45 percent of the fault to Plaintiff thereby reducing her award to $8,250.