Michael Regan and Brian Guter Win No-Permanency Verdict in April 2018 UM Case

On April 13, 2018, a jury returned a favorable verdict for an insurance company which was represented by Michael Regan and Brian Guter in a lawsuit for uninsured motorist benefits.
The plaintiff was a female teacher who was in her mid-30s with no prior history of treatment for neck or back complaints.  She claimed that she sustained permanent neck and back injuries, including an annular tear with disc bulges in her cervical spine and an annular tear with disc bulges and a disc herniation in her lumbar spine as a result of an accident which occurred in front of a local high school.
Liability, causation, permanency, and damages were contested.  Brian handled the liability witnesses and Mike handled the medical witnesses.
At trial, the plaintiff’s attorney asked the jury to award past medical expenses of $18,508.80 and future medical expenses amounting to $197,501.00 based on testimony of plaintiff’s treating pain management physician.  He asked the jury to find that plaintiff was permanently injured and to award her $39,960.00 for past pain and suffering and $992,947.00 for future pain and suffering for total damages amounting to $1,248,915.84.
During closing arguments, Mike argued for apportionment of negligence and asked the jury to award a portion of Plaintiff’s past medical expenses, but nothing else.  The jury apportioned 30% of the negligence to the plaintiff.  The jury awarded all of her past medical expenses and $20,000.00 for future medical expenses.  The jury found that she did not sustain a permanent injury and, therefore, did not award her any non-economic losses, past or future.


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