Mistrial declared over disability payment information in auto injury case

By Jim Greene

Published on August 04, 2005

The attorney for Michael and Deborah Wade, who claim to have been permanently disabled in the May 27, 2003, accident, brought up the benefits as proof of the plaintiffs' disability status. The attorney for defendant Adam Dechert countered that the process used by the Social Security Administration to determine disability would not meet standards needed for the purposes of the trial.

Plaintiffs' attorney asked that the jury be instructed to disregard his statements, but Judge Harvey Koselka ruled that the jury, having heard about the benefits being granted, could not make an objective determination of disability. A retrial was scheduled for November 15.

Whether or not the Wades' disabilities were caused by the accident is a central point of the case. Court records show that both plaintiffs suffered from back injuries before the accident.

Dechert has already admitted negligence in the accident in which the car he was driving struck the Wades' vehicle from the rear, forcing it into oncoming traffic, where it was struck by another vehicle.

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