News Brief

Eads and Swindlehurst Keep Jury Award under 1% of $11 Million Demand

March 31, 2020

John Eads (Partner-Michigan) and Cara Swindlehurst (Associate-Michigan) defended a transportation company and two employees against a lawsuit seeking economic and non-economic damages for an incident that occurred on a special needs school bus. The plaintiff’s minor, a 13-year, non-verbal, autistic boy, and his mother, as Next Friend, filed a lawsuit after another special needs student unexpectedly attacked plaintiff’s minor. The bus driver and aide immediately intervened to separate the children.  Plaintiff argued that our client bus company should have intervened prior to the incident occurring. After two weeks of trial, the plaintiff requested $204,661.51 in present economic damages and $6,021,920.00 in future economic damages for medications, transportation, ABA therapy, speech therapy and the cost of diapers for 61.7 years from the date of the incident. The plaintiff further requested $500.00/day from the date of the incident through verdict, equating to $448,000.00, and $200.00/day for the next 61.7 years, equating to $4,504,100.00. In total, the plaintiff requested more than $11 million from the jury. The jury deliberated for 4.5 hours, and found our client was negligent, but only awarded $10,000 in non-economic damages, and zero economic damages to the plaintiff. A motion for case evaluation sanctions is pending retroactive to February 10, 2019, as plaintiff rejected the case evaluation award, while John and Cara accepted on behalf of their client. 

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