Recovering for injuries in a car accident – once

You can recover all of your damages after being injured in a car accident caused by somebody else’s negligence – but, only once.  You cannot recover twice.

In Fuentes v. Jednat, 229 P.3d 949 (2010), the plaintiff first sued the 18-year old drunk driver who rear-ended her.  She was awarded a judgment against that driver for actual and punitive damages.  Then, plaintiff brought an action against the 18-year old driver’s parents and uncle for negligently entrusting their vehicle to the 18- year old.  The Wyoming Supreme Court held that plaintiff was barred proceeding for the alleged negligent entrustment because she had been awarded a judgment for all of her damages in her trial against the 18-year old drunk driver.  She could not recover twice.  The Court stated:

In her action against [the 18-year old drunk driver], [plaintiff] presented evidence on all of her injuries ……, and damages resulting from the accident.  The jury determined those damages and returned a verdict in her favor.  [Plaintiff] fails to establish how the damages caused by (the allegedly negligently entrusting parents and uncle) differ from the damages resulting from [the 18-year old drunk driver’s] fault…..

 

[Plaintiff] had her day in court.  The jury in her case against Jonathan awarded her damages and she was thus made ‘whole.’  …She collected all of the damages available to her in her claim against [the 18-year old drunk driver].

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Gary D. Jensen

Licensed since 1978

Member at firm Beardsley, Jensen & Lee, Professional L.L.C.

AWARDS

AV Preeminent

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    Posted on October 30, 2012
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