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On or around the years of 1997 or 1998, a woman was driving her car on State Route 53

On or around the years of 1997 or 1998, a woman was driving her car on State Route 53 at the intersection with State Route 17 when she was involved in an accident. She stated that as she approached the intersection with the intent to make a left turn, she stopped her car and looked to ensure that she could conduct the turn in safety. She stated that she observed a commercial truck, but that it was so far away and moving so slowly as not to be a hazard in her maneuver. However, as she was nearly through her turn, she was struck in the rear quarter panel by a motorcycle that she had been unable to see.

The motorcycle driver stated that he had been driving behind the slow moving truck and decided to pass it. He moved out from behind the truck into the right lane and was attempting to pass the vehicle when the woman’s car pulled out in front of him. In the original trial of the case, the court found that he was 70% at fault in the accident and that the woman who was turning left was 30% at fault in the accident.

He sustained severe injury to his left hand which required him to have surgery and to wear a cast for about one month. However, he had previously injured that hand in a chain saw accident and had limited use of the hand prior to the accident in question. The original trial awarded him only $5000.00 for past pain and suffering. The Supreme Court in this case did not feel that the award was sufficient. It was also noted that the victim had sustained damage to his two front teeth that required them to be pulled and a permanent dental bridge to be placed. His face and lip were cut and his nose was broken. These injuries by themselves would have caused him the substantial pain and discomfort following the truck accident that he was claiming compensation for. The court decided that this award should be raised to $35,000.00.

The Court ruled that all of the other compensation awards were fair and applicable to the case at hand and only had issue with the one award. They ruled that they would only affirm the verdict of the original court if the amount was duly raised. If the insurance companies refused to raise the amount, the verdict would be overturned and a new trial ordered.

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