purchase, george & murphey.

purchase, george & murphey.


Another Erie County Personal Injury Verdict In The June Term Makes You Worry About Fair Compensation

June 14, 2010

I recently spoke with Atty. Lisa Presta about another jury verdict this term that illustrates the risk and challenge of trial. Purchase, George & Murphey, P.C., P.C. was not involved in any way with the trial or handling of this case.

Atty. Presta represented a driver who was at-fault in a rear end collision. There was no dispute about her client’s responsibility for the accident. The injured person was represented by Atty. Stan Berlin .

The injured plaintiff suffered back and neck injuries, the precise scope of which I do not have information about. Plaintiff’s experts were treating providers, including a Chiropractor (Dr. Brian Miller) and Dr. Edward E. Engel , rheumatologist. The defense experts were Sean Seth of Advanced Rehabilitation.

The jury returned a verdict for both economic and non-economic damages. The economic damages consisted of $4,200 and I understand that a pre-trial stipulation about first party wage loss benefits will result in that verdict being reduced to zero. The non-economic damage award was $4,500. Which means the total recoverable verdict was $4,500.

I know little about the particulars of the case but judging by the lawyers involved I suspect the case was well-tried by both sides.

Of course, an award of $4,500 doesn’t begin to pay the even the expert costs in the case and so the plaintiff will almost certainly end up with nothing when all is said and done.

It’s difficult to form strong opinions about the case without knowing more about the injuries but this certainly seems to stand as another example of the risks and costs to injured plaintiffs of trial.