Newark Managing Partner Colin P. Hackett recently obtained a favourable defense verdict on behalf of a logistics client arising out of a New Jersey motor vehicle accident.

Plaintiff alleged the driver of an eighteen-wheel tractor-trailer negligently operated his vehicle when he left his lane of travel and struck plaintiff's vehicle, causing plaintiff to lose control of her vehicle, hit a guardrail, be struck again by the tractor, and then hit another guardrail before coming to a rest. Plaintiff's vehicle was a total loss, and plaintiff was transported unconscious from the accident scene to a hospital where she was diagnosed with a fractured left clavicle, fractured sternum, neck and back strain, and multiple bruises. She remained in the hospital for six days, during which time she underwent an open reduction internal fixation surgery for her clavicle, and upon release she underwent follow-up treatment including physical therapy and pain management. She also suffered a 15-centimeter keloid scar resulting from the clavicle surgery and asserted she became addicted to OxyContin and later heroin as a result of her treatment. At trial we highlighted plaintiff's excellent surgery results, the limited impact the fractures and scars had on plaintiff's life, and plaintiff's boyfriend's heroin addiction was the real and sole cause of her own addiction.

After four days of trial and four hours of deliberation, the jury awarded a net award totalling five figures for pain and suffering and future medical costs. The award totalled less than six percent of the plaintiff's settlement demand prior to and during trial.

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