This is an assessment of the plaintiffs damages arising from a motor
vehicle accident on May 22, 2009. Liability has been admitted. The parties have
agreed on the quantum of special damages ($8,086.00) but have been unable to
agree on the quantum of general damages, loss of income-earning capacity, and
future care costs.Issues to be decideda) General
damages: Under this heading the plaintiff claimed that damages within a
range of $85,000 to $100,000. The defendant submitted that the case fell more
within the $40,000 to $45,000 range.b) Loss of
income earning capacity: Under this heading the plaintiff claimed damages
of approximately $150,000. The defendant submitted that this part of the claim
should be dismissed.c) Cost of
future care: Under this heading the plaintiff claimed $30,000. The
defendant suggested no alternative evaluation for quantum, but submitted,
essentially, that this part of the plaintiffs claim was exaggerated and should
be limited to a few thousand dollars for future massage therapy sessions....