Facts

Plaintiffs Marise and Samuel Jocelyn's vehicle was rear-ended by defendant Victor A. Orsatti's vehicle. It was a low-speed impact and the issue was causation of plaintiffs' claimed injuries.

PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed that they were both eggshells, due to their prior medical and accident history.

DEFENDANT'S CONTENTIONS:
Defendant did not dispute liability but claimed there was no causal effect between the minor impact and any injury claimed by plaintiffs after the accident.

Specials in Evidence

$115,000

Injuries

Each plaintiff claimed an exacerbation of their pre-existing conditions including to the cervical and lumbar spine and extremities. Samuel Jocelyn claimed $46,000 in medical specials with need for epidurals and laminectomy. Marise Jocelyn, at trial, only sought recovery for massage therapy she received for two years from the date of accident, when she had another accident.

Result

The jury rendered a unanimous defense verdict with no damages awarded to either plaintiff.

Other Information

Mediation was unsuccessful. FILING DATE: June 14, 2013.

Deliberation

one hour

Poll

12-0 (that defendant's negligence was not a substantial factor in causing harm to either plaintiff)

Length

five days