Facts

Plaintiff Edward Noell was riding a motorcycle northbound on Route 295 when he collided with a tractor-trailer driven by defendant John Pryor on July 1, 2006.

Noell filed suit against Pryor and his employer, Westco Express, which owned the truck, alleging motor vehicle negligence and vicarious liability.

PLAINTIFF'S CONTENTIONS:
Noell contended he was in the left lane when Prior, who was exiting a parking lot from a side street, drove across the highway and cut him off. He stated that the lane blockage caused him to crash the motorcycle into the trailer's wheels.

DEFENDANT'S CONTENTIONS:
Pryor and Westco alleged that Noell was speeding and inattentive and had enough time and space to avoid the collision. Pryor further contended he entered the highway properly. Pryor and Westco disputed that Noell's shoulder injury was a result of the accident, contending Noell had a pre-existing condition requiring surgery.

Damages

Noell sought $40,000 in past medical expenses as well as $900,000 in past and future pain and suffering.

Injuries

Noell sustained abrasions to his lower extremities, as well as neck, back, and shoulder strains and sprains. He also claimed to suffer a torn rotator cuff in his right shoulder, undergoing arthroscopic surgery nine months following the accident, and treated subsequently with physical therapy.

Result

The jury awarded Noell $59,465 in past economic and pain and suffering damages.

Deliberation

1.5 days

Length

two weeks