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Nick Hergott Wins Plaintiff Verdict in Distracted Driving Case

Meyerkord, Russell & Hergott won a jury verdict for their plaintiff who was rear-ended while sitting at a red stop light.

A Kansas City, Kansas jury sided with the plaintiff, represented by Nick Hergott of Meyerkord, Russell & Hergott and co-counsel Brian Russell.

The plaintiff, a 30-year old female, was involved in an auto collision that left her with multiple injuries. She was stopped behind 2 vehicles at a red light which had just turned green, in Kansas City, Kansas when the defendant rear-ended her vehicle. The collision caused aggravation of prior soft tissue injuries to her neck and post-concussion syndrome including headaches and tinnitus.

The defendant admitted partial fault but alleged the lead car failed to obey the green light and waited too long to proceed through the intersection. At trial, the defendant admitted 100% fault, but contested injuries and damages.

The plaintiff did not seek past medical expenses but according to Kansas law sought a finding of past medical expenses so she could seek non-economic damages.

The demand before trial was $36,000 while the offer was $31,500. The jury awarded the plaintiff $50,400 ($25,000 past non-economic damages and $20,000 future non-economic damages) and a finding of past medical expenses of $5,400. The net recovery to the plaintiff was $45,000.

Attorney Nick Hergott was pleased with the decision and hopes it spurs people to drive more safely.

“Distracted driving changes lives,” Hergott said. “I’m glad the jury helped us hold the defendant accountable for her actions.”

Call Meyerkord, Russell & Hergott at 816.867.8611 for a free consultation.

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