After a three week trial, the Jury returned to Alan’s client a verdict of $65,000.00 in general damages and $175,000.00 in income loss, and found the plaintiff 30% contributorily negligent for the collision. Ultimately, the plaintiff was awarded $168,000.00 gross of the deductible. The plaintiff offered to settle the action prior to trial for $170,000.00. The defendant offered to settle prior to trial for $5,000.00 and, 19 days prior to trial, offered to settle for $35,000.00. The plaintiff beat the defendant’s offer to settle, but despite the ‘near miss’, did not beat her own offer to settle. The plaintiff was awarded partial indemnity costs of $145,000.00 plus disbursements of $85,000.00.

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