Morrison Mahoney partner Doug Price recently obtained a defense verdict following a six-day jury trial in Worcester Superior Court in a suit stemming from a 2017 motor vehicle accident in which our client rear-ended the plaintiff while driving a box truck for his employer. The plaintiff claimed a traumatic brain injury, which included symptoms of headaches and cognitive problems which persisted for a number of years following the accident and were expected to be permanent. The plaintiff further claimed that the accident aggravated his anxiety, and that he was forced to leave his job, resulting in a significant multimillion-dollar loss of earning capacity claim.
The plaintiff utilized multiple testifying experts including the plaintiff’s treating neurologist, an economist and a vocational expert, and submitted reports from a neuropsychologist and multiple psychiatrists. Doug defended the case by utilizing a team of experts including a neurologist and neuropsychologist, and effectively impeached the plaintiff through various medical and business records to undermine his claims.
During closing argument, plaintiff’s attorney suggested to the jury an award in a range close to double the original loss of earning capacity claim, considering the general and special damages. After deliberating for less than 2 hours, the jury found that the defendant’s negligence did not cause injury to the plaintiff.