Lawyer: $1.65M jury award was reasonable

By Rob Varley / The Citizen

Wednesday, March 10, 2004 9:44 AM EST

AUBURN - The $1.65 million awarded by a jury to Auburn car accident victim is not unreasonable, the lawyer representing her said Tuesday.
A jury awarded Diane Steigerwald the money Thursday at the Cayuga County Supreme Court. She was seeking the compensation for injuries, including a fractured spine and left knee, and emotional suffering, after being rear-ended by an SUV in May 2000 along Route 34.

Cayuga County Supreme Court Chief Clerk Kelly Wejko said it was the highest jury award for that court.

Attorney Walter Benson, said Steigerwald, an employee at MacKenzie-Childs, went from an entry-level furniture painting position to a director of product development over a 10-year career at the Aurora home products manufacturer.

"A big part of her loss over and above the income was loss of enjoyment with a job that was creative and exciting," he said.

Although she made an effort to return to work, Steigerwald found the chronic pain too much to overcome. For the three-day civil trial, Benson called medical professionals, an economist and a vocational expert to testify.

He said the opposing attorney representing the insurance company of driver, Sherri Springer, of Owasco, offered no medical evidence. The only witness was an individual who took surveillance videos of Steigerwald engaging in activities -shopping and driving a car around her home and neighborhood.

Benson said the defense tactic actually reinforced his client's testimony.

"It showed the fact that she was a limited person," he said.

Benson said the $1.65 million, to be paid by the insurance company, was "reasonable compensation" for Steigerwald.

"While it may seem like a lot and it is a lot of money, if you judge what a young person has lost over a lifetime, there's no one who would trade places with her for that amount of money or any amount of money," he said. "Think about 30 years in the future. It doesn't seem like a lot of money."

In 1998, another car accident in Cayuga County was settled for the same amount of money. According to Buffalo-based attorney Michael Dixon, his client, Fred Hoogenboom of Canada, was a passenger in a car passing through the Cayuga County portion of Route 90. His car, being driven by his wife, was cut off by van. Their out-of-control car went over the median and crashed into oncoming traffic.

Hoogenboom suffered multiple pelvis and spinal fractures and a ruptured bladder. He required a hip replacement and screws and pins to mend certain bones.

In a liability trial before the Cayuga County Supreme Court, the van was found to be 100 percent liable for damages. Dixon also tried to blame the driver on the other side of the median that struck Hoogenboom.

"There was proof that he was on a cell phone and two cars ahead of him avoided the collision," Dixon said.

Before the amount of damages was determined in a trial, both sides reached a settlement. Dixon said it was a "very large" award for pain, but that didn't make it easier for the injured.

"I wouldn't want a minute in that body," he said. "He needs three Percocet just to make it through the day."

When told about the Steigerwald case, Dixon said the jury amount was low, possibly because of the conservative nature of "rural folks."

"If that injury was in Erie County, it would be worth $2.5 to $3 million," he said.

Benson disagrees. "While there is some variations in jury awards, I think it is hard-pressed to say that someone's quality of life in Cayuga County is considerably less valuable than someone's quality of life in Buffalo, Rochester, and Albany," he said.

Wejko doesn't expect the $1.65 million to mean more big money verdicts and settlements

"One case doesn't affect another," she said. "Most cases are tried in a vacuum ... Some attorneys put their point across really effectively."

Staff writer Rob Varley can be reached at 253-5311 ext. 282 or rvarley@lee.net

The Citizens' Say

Post your comment - click here

There are No comments posted.

REGISTRATION IS FREE.
Registered users sign in here:
*Member ID:
*Password:
Remember login?
(requires cookies)
 
Unregistered users can register here:

Do not use usernames or passwords from your financial accounts!

Note: Fields marked with an asterisk (*) are required!

*Create a Member ID:
*Choose a password:
*Re-enter password:
*E-mail Address:
*Year of Birth:
 

(children under 13 cannot register)

First Name:
Last Name:
Company:
Home Phone:
Business Phone:
Address:
City:
State:
Zip Code:
 
E-Citizen
E-Edition
Wheels Etc.
Find a vehicle
Hot Jobs
Find a Job
Homes Etc.
Find a Home
TV Week
Find a program
Search Classifieds
Find, Buy
Place a Classified Ad
Sell
Skaneateles Journal
Skaneateles NY News and Events
New! Best Bridal
Central NY bridal resources.
Liven Up the Holidays
Fa-la-la-la-la-la-la-laaaaaa
New! Winter Traditions
Christmas Trees, Dining,
Logo HereOff the Menu
Good Eatin'!
Newspaper Ads
See it again
CNY Boats Etc.
Achors aweigh!
Sections
Special Sections

Top Jobs

The Citizen Copyright ©2009
A division of Lee Publications, Inc.
25 Dill Street
Auburn, NY 13021

Contact Us

Add to My Yahoo!