Attorneys Ashley Brown and Jared Hudson obtained a net zero defense verdict in an underinsured motorist trial in Scott County. The plaintiff in that case alleged that after an auto accident, she sustained a traumatic brain injury, resulting in migraines, cognitive impairment, memory loss, dizziness, anxiety, and decrease in verbal fluency. She incurred past medical expenses of $41,500, which she did not seek to recover at trial. The plaintiff settled her claim with the at-fault driver for $50,000 and advanced claims against her UIM carrier seeking $1,000,000 in past and future pain and suffering.
The defense stipulated that the other driver was at fault in causing the collision, and maintained that the plaintiff had sustained temporary injuries, including a mild traumatic brain injury, which had resolved within months of the collision. A neuropsychiatrist testified for the defense that, while there was initially evidence of a mild traumatic brain injury, the plaintiff had recovered and her ongoing complaints were not related to the collision.
The jury heard the case over four days of trial, ultimately returning a verdict of $45,000 for pain and suffering. With the offset of the underlying $50,000, this resulted in a net verdict of $0.
