David Wisz Obtains Favorable Jury Verdict in Wilson County
April 8, 2016
David Wisz recently obtained a favorable jury verdict in defense of a motor vehicle negligence action in Wilson County. The plaintiff sustained two fractures in her left wrist as a result of the accident, which occurred when the defendant pulled in front of the plaintiff’s vehicle while trying to cross traffic, causing plaintiff’s vehicle to T-bone the defendant’s vehicle. Liability for the accident was admitted. The issues in the case concerned the nature and extent of any permanent impairment to the plaintiff as a result of her wrist fractures as well as the appropriate amount of compensatory damages. Pre-trial settlement negotiations broke down after the plaintiff rejected the defense offer of $15,000 and continued to demand the $50,000 limits of the defendant’s liability insurance coverage so that plaintiff could also pursue underinsured motorist coverage under her own auto insurance. During closing arguments, plaintiff’s counsel used a per diem argument to set forth a range of proposed compensatory damages from $165,000 to $295,000. After 30 minutes of deliberations, however, the jury returned a verdict in the amount of $10,000.