Atkinson v. Deal Freight Fleet, Inc., 2:18-cv-13940 (USDC-EDLA 10/29/19),
Trial Court: U.S. District Court - Eastern District of LA
|Judge: Africk, Lance||trial court judge|
|John Bishop Noble||Plaintiff Counsel|
|Ignatz G. Kiefer , Jr.||Defense Counsel|
|Megan Chauffe Kiefer||Defense Counsel|
|Alexis Mayoral Waguespack, MD||Orthopedic surgeon||Plaintiff Expert|
|Deepak Awasthi, MD||Neurosurgeon||Defense Expert|
Atkinson, MichaelAge: 51
Note: Due to reasonable doubts about the credibility of plaintiff's damages evidence, the judgment included a damage award that rejected - either explicitly or implicitly - particular injuries and/or elements of damage the plaintiff attempted to prove at trial.
Comment: Plaintiff was involved in another accident nearly one year later. He denied making an injury claim in connection with that accident, but defense evidence suggested otherwise. Recoverable damages limited to 40% of verdict based on comparative fault assessment. Pretrial offer of judgment by defendants of $65,000.
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.
Plaintiff alleged cervical (C2-5) and lumbar herniations. Jury did not award all claimed past medical expenses.
Left hand fracture
Part tags: Hand
Treatment tags: Conservative care
Description tags: Fracture
Neck and low-back soft-tissue injury - probable aggravation of pre-existing intervertebral disc bulges/herniations
Aggravation of pre-existing condition,
Aggravation of degenerative disc disease
Part tags: Ankle
Description tags: Sprain/strain/soft-tissue
Part tags: Neck, Low back
Description tags: Sprain/strain/soft-tissue, Aggravation of pre-existing condition, Aggravation of degenerative disc disease
Itemized general damages Pain and suffering $6,000.00
|Past medical expenses||$10,000.00|
|Past loss of earnings/earning capacity||$12,694.08|
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Atkinson v. Deal Freight Fleet, Inc.