The Defendant’s SUV drove over top of the Plaintiff ’s compact car with the Defendant’s front tire coming to rest within an inch of the Plaintiff’s head. The Plaintiff was a limited tort selector. She denied physical injury, but claimed post-traumatic stress disorder following the accident which resulted in her alleged inability to work. Her past and future earnings claim totaled $180,000. The Plaintiff claimed she was too tired to perform any physical activity as a result of sleep disturbances due to the accident. Defense counsel showed that the Plaintiff injured herself skiing approximately two years after the accident and had prior complaints of sleep disturbances. A unanimous jury verdict was entered in favor of the Defendant.

Tried
November 2004