The Increasing Value of a Broken Ankle

As recently reported by Missouri Lawyer’s Media, a jury in the U.S. District Court for the Eastern District of Missouri, in the matter of Rosemarie E. Waddy v. Highland Ventures, Ltd., et al., Case No. 4:2022-CV-00002-SEP,  recently awarded $2 million in non-economic damages, before consideration of her comparative fault, and found her 15% at fault, for a broken ankle she suffered after she tripped in a hole in the surface of parking lot pavement  concrete parking lot pavement that was obscured by an accumulation of snow while walking her dog. The plaintiff’s injury required three subsequent surgeries. According to the removal notice filed in state court (case No. 2122-CC09764), the plaintiff claimed over $125,000 in medical expenses. However, according to the Missouri Lawyer’s Weekly article, at trial, the plaintiff did not submit evidence of special damages (e.g., medical expenses, lost wages). Seeking only non-economic damages, the plaintiff testified at trial “how her injury ‘significantly limited mobility, strength and function in her ankle, resulting in a dramatic decrease in the very active lifestyle the plaintiff and her husband previously led.’” This case illustrates the apparent inflation of personal injury verdicts, something that should be considered when evaluating personal injury claims and suits for potentially large verdicts.