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Our client and his wife were driving on an interstate highway from New York to Cincinnati when suddenly, a tractor trailer drove left of center and struck our client’s vehicle head on. Through exhaustive discovery, David M. Paris learned that the driver had exceeded his hours and had momentarily fallen asleep. While our client’s wife sustained no injuries, our client sustained a mild TBI and multiple orthopedic injuries. All of these healed except for his upper extremity. He did not lose any earnings and the primary dispute was whether the cap on damages for pain and suffering applied, or whether the 27-centimeter surgical scar on his upper arm constituted a permanent and substantial deformity which rendered the caps inapplicable.
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