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Atkinson v. Deal Freight Fleet, Inc., 2:18-cv-13940 (USDC-EDLA 10/29/19),


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Damages Summary
Case Notes
Opinion Text
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Trial Court:  U.S. District Court - Eastern District of LA

Jury Trial


Judge(s)
Judge: Africk, Lance trial court judge
Attorney(s)
John Bishop Noble Plaintiff Counsel
Ignatz G. Kiefer , Jr. Defense Counsel
Megan Chauffe Kiefer Defense Counsel

Expert Witnesses
Alexis Mayoral Waguespack, MD Orthopedic surgeon Plaintiff Expert
Deepak Awasthi, MD Neurosurgeon Defense Expert

Case Tags: MVA, Forklift, Quantum,





Damages Summary

Atkinson, Michael

Age: 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.

General Damages: $6,000    (CPI inflation adjusted: $6,000)
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.

Primary Injury:
  • Left hand fracture
    Part tags: Hand
    Treatment tags: Conservative care
    Description tags: Fracture

Secondary Injuries:

Itemized general damages
Pain and suffering $6,000.00
Special Damages
Past medical expenses $10,000.00
Past loss of earnings/earning capacity $12,694.08

Case Notes


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Atkinson v. Deal Freight Fleet, Inc.