The Reptile Theory is a common approach utilized by Plaintiff’s attorneys in seeking to increase damage awards in personal injury cases across the country. This blog post seeks to point out some of the warning signs of the Reptile Theory that defense counsel must prepare for and respond to at the first signs of the strike.
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Plaintiff Keltner was involved in a car accident with as US Postal Service employee. The USPS employee while driving a tractor trailer, owned by USPS, ran a red light and struck plaintiff’s vehicle. USPS admitted negligence and fault. The only issue in front of the US District Court, Western Division was that of damages.[i]
Plaintiff was taken to the hospital following the accident. He was released the same day. His doctor testified that the wreck had aggravated plaintiff’s previously-asymptomatic degenerative condition.
[i] Keltner v. U.S., 2:13-CV-2840-STA-DKV, 2015 WL 3688461, at *1 (W.D. Tenn. June 12, 2015).