Kafi Linville obtained a defense verdict in the case Penner v. Wutzke and Sundby Trailer Sales, a personal injury action that was tried in Sherburne County, Minnesota in March 2015. Plaintiff, a 56 year-old male, was rear-ended by Defendant Wutzke as a result of a phantom semi-truck that had pulled out in front of them when turning onto the highway of which they were both traveling. Plaintiff alleged soft tissue neck injuries and headaches as a direct result of the accident requiring RFN treatments and chiropractic care for the remainder of his life.
At trial, Plaintiff attempted to introduce the testimony and a video from a non-treating chiropractor who had administered a digital motion x-ray procedure. The defense brought a Motion in Limine to exclude this expert and video, which ultimately turned into a formal Frye-Mack motion. The Court granted Defendant’s motion and the expert and video was excluded from trial. Plaintiff still had a treating neurologist and chiropractor as testifying experts. The jury found Plaintiff was negligent, but not a direct cause of the accident, and found zero negligence on behalf of Defendant Wutzke. The jury concluded the phantom semi-truck was 100% negligent and a direct cause of the accident. Plaintiff sought approximately $275,000 in damages. The jury awarded $5,000 for past medical expenses and pain and suffering, and $0 for any future medical treatment or pain and suffering.
