Menard v. State

Summary

The court held that the plaintiffs could not recover underinsured motorist benefits for PTSD because they failed to establish the condition through credible expert testimony; the trial court permissibly rejected their therapist's diagnosis. The court also held that the plaintiffs' pretrial dram-shop settlements could not reduce their underinsured motorist damages because the awards were not excessive as a matter of law and settlements are excluded from collateral sources. The Appellate Court's judgment was therefore reversed in part and affirmed in all other respects.