# 1250617, David & Rochelle Miller v. Ron Taylor Drilling, et al. filed 12/26/07

Defendant's Attorney: Russell D. Boeddinghaus

Verdict: Defense                                          Dept. SM1

Plaintiff husband was injured in the course and scope of his employment  on 5/11/07 when the vehicle he was operating was struck from behind by Defendant's employee.  Plaintiff claimed injuries to his neck and back requiring back surgery  and thoracic outlet syndrome surgery, paid by his employer’s workers compensation carrier, plaintiff-in-intervention, Zurich Insurance.  Plaintiff negotiated a settlement with the work comp carrier prior to trial.  Defendants admitted fault for the accident but disputed injury causation and wife's loss of consortium claim, contending the accident was a slow speed, low property damage incident.  Defendant awarded costs of $10,480.72 divided equally between Plaintiff and Plaintiff-in-Intervention.   Court denied Plaintiff's request for new trial or in the alternative additur of $1,036,800.  Plaintiff claimed past medicals of $223,415; past loss of earnings of $79,300; future medicals of $722,102; future loss of earnings of $891,548. Plaintiffs’ filed an appeal.

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