Insurer Not Liable for Pre-Existing Injury – Directed Verdict
Daniel Coker attorney Shea Scott obtained a directed verdict in favor of an insurance carrier in an underinsured motorist case filed in the Circuit Court of Panola County, MS. Plaintiff alleged that she sustained a torn rotator cuff resulting from a car accident. Plaintiff also had a pre-existing shoulder injury. Plaintiff’s treating physician would not causally relate her torn rotator cuff to the accident due to the pre-existing injury. Plaintiff failed to meet her burden of proof regarding causation.
Both the alleged tortfeasor and the insurance carrier were named as defendants. However, pursuant to Heflin v. Merrill, the insurance carrier was not identified to the jury.