Menard v. State

Summary

The court held that the plaintiffs could not recover underinsured motorist benefits for alleged PTSD because the trial court reasonably rejected their only expert's diagnosis, leaving the plaintiffs without sufficient proof of the condition. The court expressly declined to decide whether the governing underinsured motorist statute covers PTSD with physical manifestations. It further held that the plaintiffs' pretrial dram shop settlement payments could not reduce their underinsured motorist damages, reversing the contrary ruling and directing affirmance of Connolly's judgment.