Court upholds jury's "serious impairment" verdict
A panel of the Court of Appeals issued an opinion this week upholding a jury's verdict in favor of an injured motorist in Powell v. Vushaj. The court noted that Plaintiff suffered and was hospitalized for treatment of fractures of his leg and toe. He underwent surgery and rod and hardware placement at the leg fracture site. He was not ambulatory for two additional weeks after coming home and could not weight-bear for two months. When he returned to work, his job had to be restructured. His activities outside work were limited and he had significant scarring (including 1" wide keloids on his hip) on his affected leg and a scar on his forehead. The victim testified to permanent deformity of his toe and continuing mobility problems with the injured leg. One wonders how any reasonable insurer could suggest he did not suffer a "serious" injury.