The case of Berends v. Wilkening and Wildung Trucking (Hennepin County, 2014), was tried before a jury in September of 2014. Ms. Berends alleged that Mr. Wilkening, driving truck for Wildung, struck her Ford Focus from behind with his semi, causing significant injury to Ms. Berends’ shoulder, necessitating two surgeries.

Deborah Eckland and Scott Johnson defended Wilkening and Wildung Trucking. Wilkening and Wildung “admitted to liability” prior to trial, so only the damages caused by the accident were at issue. Ms. Berends asked the jury to award her 80k+ in medical expenses, plus another 170K in pain and suffering, past and future. The jury’s net award was 37K, less that our Rule 68 Offer of Judgment, which allowed us to tax costs. Clearly, the jury agreed with the defense argument that Ms. Berends’ two shoulder surgeries were not caused by the accident.