This isn’t my case. A 45-year-old man, Maceira, claimed that a tractor-trailer, driven by Israel Placers and owned by Robert’s Logistic Solution, didn’t stop at a stop sign and drove into the path of his vehicle.
Truck Driver Says Other Driver Was Speeding
The truck driver claimed that the claimant was speeding, and passing a bus. The truck driver argued that Maciera was either totally or partially at fault for the crash.
Trucking Company Claims Injured Driver Wasn’t Wearing Seatbelt
The trucking company argued that the Maciera wasn’t wearing a seatbelt, and his knee injured wouldn’t have happened if he were wearing one.
Witness Says Truck Driver Ran Stop Sign
An independent witness said that he saw the truck driver run the stop sign.
Man Suffers Tibial Plateau Fracture; Has Surgery
He was diagnosed with a tibial plateau fracture. He had open reduction internal fixation of the fracture.
Says Knee Later Gave Out and Caused Compression Fracture & Back Surgery
He had a later fall when he claimed that his knee gave out as a result of his initial injury. He claimed that the fall caused a compression fracture of his lumbar (low back) vertebra.
He had a kyphoplasty, which is the surgical filling of an injured or collapsed vertebra.
Trucking Company Says Man’s Knee Issues Are Caused by His Weight
The trucking company hired an orthopedic doctor, who said that the man’s knee issues were caused by him weighing 300 lbs.
Breakdown of Verdict; Includes $165,000 for Pain & Suffering
The verdict included:
- past medical expenses of $107,706
- future medical expenses of $426,850
- past loss of earnings of $32,640
- future loss of earnings of $200,000
- past pain and suffering of $100,000
- future pain and suffering of $65,000
- $32,000 to his wife for her loss of consortium
Jury Awards $1,800 Per Year For Future Pain and Suffering
Assuming the man was expected to live another 36 or so years, this means that the jury awarded about $1,800 per year for the rest of his life. The total pain and suffering compensation was $165,000.
This is a South Florida Case
The verdict was in November 17, 2009 in Broward County, Florida. The case is Maceira Vs. Robert’s Logistic Solution Inc. And Israel Placers.
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