Recently, a New York man went to trial against the Nestle Corporation after suffering a significant brain injury as a result of a collision with one of their trucks. The plaintiff under went several surgeries and claimed some permanent loss of cognitive ability. Prior to trial Nestle offered to resolve the matter for$1,000,000.00 which was rejected by the plaintiff and his attorneys. The plaintiff initially sought $10,000,000.00 but dropped that demand to 4.8 million. After the close of evidence the jury deliberated and returned a verdict for the defendant. They found negligence but did not believe that the Nestle truck driver’s negligence was a cause of the claimed injuries.
There is a valuable lesson to be learned from this decision. Many times it is not in the injured party’s best interest to go to trial. There are great risk associated with the jury trial system and it is very expensive to take a case to trial. A plaintiff and their attorneys should think long and hard before turning down an offer of a million dollars when there are issues with respect to liability and damages.
If you have been hurt as a result of someone’s negligence contact the lawyers at Sisun & Scriven, P.C. to discuss your case.