Plaintiffs receive only medical expenses in jury award

David Yates Sep. 23, 2009, 8:00pm

Despite their request for monetary damages for mental anguish, physical pain and future medical expenses, a pair of plaintiffs in a car wreck trial received a modest award of $15,000 limited to past medical expenses.

A.B. Mansfield and Clinton Findley filed suit against Trahan Trucking in February 2007 for an automobile collision allegedly caused by one of the company's truck drivers.

Court papers show that on June 8, 2005, Kimberly Russell, a Trahan Trucking employee at the time of the incident, was allegedly speeding and not keeping a safe distance when she collided with the plaintiffs' vehicles.

In their suit, Mansfield and Findley blamed Trahan Trucking for the incident, claiming the company negligently entrusted its vehicle to Russell.

Jurors agreed, as the trial of Mansfield et al vs. Trahan Trucking came to a close earlier this month in Judge Bob Wortham's 58th District Court.

According to the charge of the court filed Sept. 22, jurors found Trahan Trucking 70 percent negligent, placing the final 30 percent on Mansfield's shoulders for causing the wreck.

However, jurors only awarded Mansfield $10,000 for his past medical expenses and Findley $5,000 for his past medical bills, declining to award the pair any money for their presumed past and future physical pain, mental anguish and future medical expenses.

A motion in limine prohibited the defense from telling jurors the plaintiffs had received benefits from their respective insurance companies.

The plaintiffs were represented by attorney Craig Schexnaider.

The defendant was represented in part by attorney Michael McGown of the Benckenstein, Norvell & Nathan law firm.

Case No. A178-658

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