Nurse Awarded $409,000 in Damages as a Result of a Motor Vehicle Accident

The case of Mancusi vs. Dakers involved an auto collision. The plaintiff, who was represented by Cindy Robinson of Tremont Sheldon Robinson Mahoney was a 33-year-old pediatric nurse and mother of three who was injured when a vehicle being driven by the defendant went through a red light and struck her vehicle. The plaintiff was treated by an orthopedic surgeon for neck, back and headache problems but continued to work as a pediatric hospital nurse. A year following the collision, the plaintiff was diagnosed with a disc herniation in her lower back. Her doctor, who diagnosed her with a 7% permanent partial disability to the lower back, testified at trial that the plaintiff had a 30% risk of future surgery. The plaintiff ultimately left her job as a direct patient care nurse at the hospital because she had trouble performing the physical requirements of the job as a result of her back injury. The plaintiff thereafter worked as a homecare night nurse and earned more after the collision; however, she claimed that her overall earning capacity as a nurse had been adversely affected. During the trial, the defendant's independent medical doctor testified that the plaintiff was not at risk for future surgery because she had no neurologic deficits. The plaintiff initially lost two weeks of work and incurred $7,900 in medical bills. The defendant insurance company's highest settlement offer was $40,000.

After three days of trial and three hours of deliberation, the jury returned a verdict in the amount of $409,000. As a result of Offer of Judgment interest on the verdict the Court (Stodolink, J.) entered judgment in the amount of $534,322.08 plus costs.

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