Spinnenweber v. Laducer, No. 20-1534 (7th Cir. 2020)
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In 2012, Laducer, a truck driver, rear-ended Spinnenweber’s minivan. Spinnenweber refused medical treatment at the scene. He later sought treatment for neck pain, tinnitus, and bouts of short-term memory loss. Spinnenweber sued Laducer and Laducer’s employer, seeking compensatory damages for his physical injuries. He did not seek punitive damages, medical costs, or lost wages, nor did he claim psychological or emotional injuries. Defendants conceded liability. The defendants’ medical expert, Dr. Carney, was the only expert that Spinnenweber relied on. He testified that Spinnenweber “clearly had a whiplash injury” from the crash. “He certainly could’ve had a very mild concussion.” Dr. Carney did not connect the alleged memory loss or the tinnitus to the accident. Spinnenweber’s counsel stated during closing arguments that the purpose of tort law "is to deter bad conduct so it doesn’t repeat.”
The jury awarded Spinnenweber $1 million in compensatory damages. The court offered Spinnenweber the choice of accepting $250,000 or a new trial. Spinnenweber declined to accept the remittitur award. His attorney withdrew. After a one-day bench trial, Spinnenweber requested an award of $0 in damages, calling it a “verdict of silence.” The Seventh Circuit affirmed. The court did not abuse its discretion by finding that Spinnenweber’s evidence showed that he potentially suffered just whiplash and a mild concussion or by finding that the $1 million verdict was so outrageous that it warranted remittitur or a new trial. “Spinnenweber was hoisted with his own petard.”
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