Claire Neiger successfully shut down a plaintiff’s $1.6 million future wage loss claim after a five-day jury trial in Philadelphia. The plaintiff, a 43-year-old registered nurse specializing in geriatric care, claimed that she suffered permanently disabling foot, knee, and back injuries after she tripped on a sidewalk defect in front of a hospital. The plaintiff suffered a fractured foot and treated for ten months to remedy an aggravation of pre-existing knee and back injuries. She also missed nearly three months of work as a result of the accident. The plaintiff asserted a wage loss claim of $92,000 plus $1.6 million in future lost earning capacity.
Ms. Neiger artfully illustrated the contradictions in the plaintiff’s testimony regarding the location and severity of the alleged incident. Ms. Neiger was also able to elicit admissions from the plaintiff’s own medical expert that he could not measure what proportion of her injuries were attributable to this accident. Despite emotional testimony by the plaintiff about not being able to travel back to her native country of India to care for her ill mother, the jury sided with Ms. Neiger and rendered a complete defense verdict.