Jury gives modest award for rotator cuff tear

David Baugher//October 13, 2022//

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A St. Louis County jury awarded only a four-figure verdict to a man seeking half a million dollars in connection with a rear-end collision.

“We didn’t really fight on liability,” said Marcus Raymond of American Family Insurance. “It was mostly about the damages.”

Raymond represented motorist Irina Grimm, who struck the back of plaintiff John Haden’s vehicle in 2018 as the latter was slowing due to heavy traffic on Interstate 270. Haden’s suit claimed a full-thickness rotator cuff tear of the right shoulder, which left him with pain and reduced range of motionso that he could not raise his arm over shoulder height

The rotator cuff tear also was not challenged by defendant. Raymond argued that $500,000 was too much for an incident that seemed to involve little follow-up care and allowed the plaintiff to continue to enjoy recreational activities.

“There was limited treatment,” he said. “Dr. Haden was still able to go and play golf as he wanted.”

He said the treating physician testified via video along with Haden and his wife.

Raymond said he felt that the plaintiff simply asked for too much money.

“We were very happy with the result of $7,500,” he noted. “I just think that the jury wasn’t prepared to give $500,000.”

A motion by the plaintiff to add to the award remains pending.

Jill Bollwerk of Bollwerk & Tatlow represented the plaintiff. She did not return a request for comment.

$7,500 verdict

Motor vehicle collision