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The following is a case summary as reported in The New York Jury Verdict Reporter, the leading reporter of verdicts and settlements of cases in New York State.
$155,000.00 Verdict in Auto Accident Case
Today you cannot pick up a magazine that does not include at least one article about the benefits of physical fitness. Robert Trop handled a case where the defendants insurance company, Allstate, claimed that our client was too physically fit to have been seriously injured in an auto accident. Our client, a top national amateur bodybuilder, sustained spinal injuries as the result of an auto accident. After a jury had been selected and we were about to go to trial, Allstate conceded liability, yet refused to offer any money in a settlement. They maintained that our client's injuries did not meet the minimum level required by New York State Insurance Law, Section 5102. Our client's status as a bodybuilder, fueled the defense assertions that he could not have been seriously injured. Robert Trop called two chiropractors as expert witnesses to support our client's claim. The defense tried to counter by calling an orthopedist to discount the injuries.
Robert Trop was successful in proving to the jury that our client was prevented from training at a level necessary to compete in the Super Heavy Weight Class. The jury awarded $155,000.00 in its verdict: $50,000 for past pain and suffering; $25,000 for future pain and suffering, and $80,000 for income lost due to inability to compete at bodybuilding competitions. Previous to the accident, our client had been receiving prize money for placing in shows and competitions throughout the country.
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Verdicts & Settlements is published as a service for our clients, friends, and professional associates.
The information in this newsletter is meant to be general in nature, and is not to be viewed as a substitute for legal consultation in that laws change from time to time and may be affected by specific circumstances.
We welcome questions or comments regarding any information contained in this newsletter, which can be directed to either:
Robert E. Trop, Esq.
Stuart P. Besen, Esq.
Email: besentrop@verizon.net
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