This matter involves a motor vehicle accident which occurred on January 24, 2006.  Liability for the motor vehicle accident was not contested at the trial. 

 The Plaintiff suffered soft-tissue injuries to his neck, low back, and jaw, as well as headaches.  He was working as a mechanic at the time of the accident. 

The Plaintiff argued that his ability to work was substantially impaired by the motor vehicle accident.  The judge agreed that there was a loss in the Plaintiff's ability to work, however there was also a finding that he had not taken appropriate steps to pursue medical treatment and he had not pursued work opportunities as he should have. 

The Plaintiff's award for pain and suffering and past income loss were both reduced by 20% due to his failure to mitigate.  The Plaintiff's award for loss of earning capacity was reduced by 50% due to his failure to mitigate. 

The judge provided the Plaintiff with the following award: 

             Non-Pecuniary Damages                    $40,000.00

             Past Wage Loss                                       108,556.00      

             (less deductions for tax and 20% for failure to mitigate)

             Loss of Earning Capacity                    72,908.55

             Future Cost of Care                                4,594.00

             Special Damages                                     1,107.42

             TOTAL                                       $227,165.97

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