Carford v. Gamble and Sloan's Trucking was a federal case arising from an automobile accident. Our clients were a married couple from Connecticut. The Defendants were the estate of the deceased driver and a trucking company from Vermont. The accident occurred in New Hampshire. We brought suit in the U. S. District Court for the District of Vermont.
In January 2006, we tried the case, presenting expert testimony on the Defendants' violation of National Transporation Safety regulations and our clients' lost future earnings, including testimony, based on U. S. Census Bureau data, that one of our clients lacked future employment prospects because of his injuries. The Defendants sought to exclude our economist's testimony, but the Court found it admissible under Daubert v. Merrell Dow Pharmaceutical Company.
Although New Hamphsire does not recognize punitive damages, we argued for, and received, a jury instruction on "enhanced compensatory damages" because of the Defendants' violation of National Safety Transportation regulations.
After four days of testimony, the jury returned a verdict for our clients in the amount of $1,111,448.80.
You may read the Vermont Lawyer and Trial Court Reporter account of the case by clicking here.
