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Omaha, Nebraska

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John Inserra
John Inserra
Attorney • (800) 642-1242

It's good to mitigate your damages

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A Sarpy County jury reached a $150,000.00 verdict on behalf of our client William “Bill” Kernes on February 24, 2010. Mr. Kernes was injured while working for the State of Nebraska as a maintenance worker, driving a snowplow when he was rear ended by the defendant’s tractor trailer. Mr. Kernes was diagnosed with cervical myofascial pain syndrome which resulted in an impairment from one doctor and no impairment from another. He underwent retraining and received his associate degree from Iowa Western, then returning to work as a surveyor at a comparable wage. The defendant did not believe that his injury justified his extensive retraining and while applauding his efforts was not willing to pay the cost. This case is a good demonstration of a person willing to fully mitigate or lessen his damages irrespective of how the injury is being categorized. Cervical myofascial pain syndrome is an injury to the soft tissues of neck.