Hewitt v. Felderman

Peggy Hewitt was involved in two separate rear-end collisions. In the first accident, in 2007, Hewitt was injured after her vehicle was rear-ended at a stop sign by Dwight Berens. In the second accident, in 2008, while Hewitt's vehicle was stopping to avoid a collision with a deer, a vehicle driven by Shelli Felderman struck Hewitt's rear bumper. Hewitt's lawsuits against Berens and Felderman were combined in a single trial in 2012. The jury found both Berens and Felderman negligent and awarded damages to Hewitt against Berens. The jury, however, awarded no damages to Hewitt against Felderman, finding that Felderman's negligence was not a legal cause of Hewitt's injuries. The Supreme Court affirmed, holding that the trial court did not abuse its discretion by (1) denying Hewitt's motions for a directed verdict, for a new trial on the issue of damages, and for attorney's fees and costs; (2) denying Felderman's motion for costs and disbursements as the prevailing party; and (3) allowing testimony regarding future medical procedures.View "Hewitt v. Felderman" on Justia Law