Mills v. MBTA, Lower Back Strain ($43,000 settlement)

Negligence

Lower Back Strain Mental Anguish

Injuries alleged: Lower back strain; depression; mental anguish secondary to back pain

Name of case: Mills v. MBTA

Tried before judge or jury: Jury

Name of judge:

Charles F Barrett

Court/case #: Suffolk Superior Court, No. 94-5079-F

Amount of award: $36,000 plus statutory interest for a total of approximately $43,000

Highest offer: $15,000

Attorney for Plaintiff: Chris A. Milne and Andrew Abraham, Rainer & Rainer, Boston

Attorney for defendant: Withheld

Other useful Information:

The plaintiff had been granted partial summary judgment as to liability under straight negligence. The only issue left for the jury was the extent of the plaintiff's injury and whether these injuries were proximately caused by the accident on March 3, 1994.

The plaintiff's witnesses were the plaintiff, her work supervisor and her treating psychiatric nurse clinician. The plaintiff suffered a low back strain. There was no initial period of total disability and the plaintiff returned to work. More than a year after the accident, the plaintiff continued to suffer low back pain with no objective findings or limitation in range of motion.

Because of the stress related to the back pain, the plaintiff's job performance suffered, and she began to abuse alcohol and marijuana. She took an eight-week medical leave from work and began psychotherapy. At the time of trial, the plaintiff had reached an end and had no permanent impairment. Total medical bills were in the sum of $5,411.

Published with permission of Lawyers Weekly