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Recent quantum cases
(any judgment/opinion in CompQuantum dated within the last 60 days is viewable without a subscription)

Divincenti v. Shelter Mut. Ins. Co.
MVA, UM, Diversity, Quantum
  • $10,000 - Divincenti, Joseph S. : Magistrate Bourgeois commented on discrepancy between past medical history and plaintiff testimony as basis for concluding he lacked credibility
    • Aggravation of pre-existing lumbar condition and degenerative changes - maximum duration of about 16 months

USDC-MDLA July 13, 2017
Thompson v. Crawford
Electrocution, Quantum
  • $450,000 - Thompson, Charles : On finding prejudicial evidentiary error, First Circuit vacated jury general damage award of $1,350,000 and assessed damages on de novo review
    • Wrongful death for electrocution death of 34 year-old son

  • $0 - Thompson, Dan : Jury awarded $450,000 for survival damages
    • Electrocution from improperly placed live 8,000 volt electrical line - on de novo review, the First Circuit found lack of sufficient evidence proving conscious pain and suffering

First Circuit July 12, 2017
Hebert v. Allstate Ins. Co.
Products Liability, Quantum
  • $1,500,000 - Hebert, Sophie : The jury verdict form does not separate out damage items. Not clear how much of the award amount was for medical expenses.
    • Traumatic amputation of four fingers on dominant hand - fingers caught in unguarded chain of adult tricycle - permanent injury

15th JDC June 29, 2017
Burchfield v. Wright
Professional liability - med mal, Quantum
  • $500,000 - Burchfield, Roger : The Second Circuit made no effort to quantify general damages beyond the conclusion that plaintiff was entitled to recover the statutory cap.
    • Significant heart damage causing need for transplant surgery resulting from physician's failure to review pre-op diagnostic exams - gallbladder surgery performed in spite of test results indicating potentially serious heart condition - plaintiff suffered heart attack 36 hours after surgery causing severe damage requiring heart transplant

Second Circuit June 28, 2017
Marable v. Empire Truck Sales of La.
MVA - 18 wheeler/tour bus, MVA - Pedestrian, Products Liability, Quantum
  • $40,000,000 - Marable, Connie
    • Plaintiff left in "persistent vegetative state" after being rolled over by 18-wheeler truck - continues to experience seizures and numerous medical complications - permanent condition

Fourth Circuit June 22, 2017