Cooper v. Thompson

In December 2008 Michael Cooper caused a car accident that injured Samuel Thompson. During the second trial on compensatory damages the superior court excluded any evidence that Thompson had been assaulted by his then-girlfriend after the accident and limited the testimony of a defense expert witness. The superior court also gave an instruction on liability for additional harm to which Cooper objected. The jury returned a $1.4 million verdict in favor of Thompson, which exceeded his offer of judgment and thus entitled him to an award of attorney’s fees under Alaska Civil Rule 68. Cooper and his employer appealed the trial court’s evidentiary rulings, jury instruction, and fee award. After review, the Alaska Supreme Court reversed the complete exclusion of the evidence that Thompson had been assaulted because it was relevant to his claim of continuing injury suffered as a result of the car accident. The case was remanded for a new trial. View "Cooper v. Thompson" on Justia Law