Hoffman v. Travelers Ins. Co.

Summary

Hoffman v. Travelers Ins. Co., 587 So.2d 143 (4th Circuit) , LA ,   1991,   Report Type: N/A

Appellate Panel :

N/A

Trial Type :

jury

Trial Judge :

N/A

Trial Court :

34th Judicial District

Plaintiff's Lawyer :

N/A

Defendant's Lawyer :

N/A

Injuries

cervical sprain, ruptured disc, cervical fusion, cervical discectomy, significant residual pain, personal life severely affected, herniated disc, neck pain, shoulder pain, arm pain, tingling sensations

Tissue :

hard Tissue

Did Plaintiff Have Surgery? :

yes

Treatment Length :

> 12 Months

Pre-existing Conditions :

hard Tissue

Award change on appeal:

unchanged

Damages

General Damages :

$440,000

Past Medicals :

$0

Future Medicals :

$45,000

Past wages :

$0

Future wages :

$0

Loss of Consortium :

$35,000

Other Damages :

$421,583

Total :

$941,583

Case Details

Suit Reason :

The plaintiff was riding in a truck struck by a front end loader and suffered a cervical sprain and ruptured disc that required cervical discectomy and cervical fusion surgery.

Award Reason :

The trial court ruled in favor of the plaintiff and and the appellate court affirmed the judgment that the passenger remained disabled and his lifestyle was severely impacted as a result. The court awarded $45,000 in future medical expenses; $21,583 in lost past income; $$400,000 in lost fringe income and fringe benefits; $275,000 in past and future pain and suffering and mental anguish; and $165,000 in future disability. The plaintiff's wife was awarded $15,000 and two of their minor children were awarded $10,000 for loss of consortium.