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ADEQUACY OF JURY VERDICT IN MVA - ALLEN V. BRIGGS, ET AL

In Allen v. Briggs, et al[Ms. 2090289, Aug. 2010]__So. 3d. __(Ala. 2010), Plaintiff was injured when his vehicle was struck, rolled down an embankment, and landed on its top. Plaintiff was removed from the vehicle by the "jaws of life." He suffered a herniated disc and a carpal-tunnel injury. He underwent epidural steroid injections, carpal-tunnel release surgery, and a cervical fusion. The Lauderdale County jury returned a verdict in the amount of $30,000.00. The Plaintiff appealed, arguing that the verdict was inadequate. In an opinion written by Judge Terri Thomas, the Court of Civil Appeals affirmed the adequacy of the verdict. Despite medical bills totaling over $127,000.00, the Plaintiff evidently failed to enter evidence that Medicare (who paid the majority of medical expenses) would have standing to assert a lien. Thus, the Court relied on uncontroverted evidence that the only outstanding medical expenses totaled $14,011.20, and that the balance of the jury's damage award was sufficient to compensate Plaintiff for pain and suffering.

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