DIMOPOULOS V MUSTAFA: Rosemary Book successfully establishes that the statutory deductible and pre-judgment interest are not retroactive, and the plaintiff’s aware for future chiropractic care could not be deducted from his accident benefits settlement

Following Mr. Dimopoulos’s trial in May 2015, the Jury awarded him damages for pain and suffering, and future chiropractic care. Counsel for the defendant brought a motion asking the Judge to reduce the plaintiff’s jury award to nothing. Rosemary Book argued the motion before Justice Tzimas, and successfully established that the plaintiff’s award for pain and suffering was not subject to the new statutory deductible. She also established that the plaintiff was entitled to the full Jury award for future chiropractic care, as the Judge determined that his award was not deductible from his accident benefits settlement. In addition, Ms. Book established that pre-judgment interest is a matter of substantive law, and therefore the recent amendment did not have any retrospective application. Read More