Tom Berger and Steven Hollis recently tried an intersection accident. The defendant stopped at a stop sign. Her intent was to go across the main street into the development. At this same time, the Plaintiff came around a slight bend in the road and saw the defendant slowing. His eyes then went to two women, who were walking their dogs, across the street from the defendant. There was conflicting evidence from the eyewitnesses as to whether the defendant actually stopped at the stop sign. Both eyewitnesses claimed that the plaintiff was not speeding. The defendant did not see the plaintiff and pulled out and was T-Boned by the plaintiff.
The plaintiff would undergo several medial blocks to his neck and back and two facet ablations to his neck and one to his back with a second one being planned. The plaintiff claimed that he would need additional ablations every two years for the rest of his life (he was 45 years old).
The defense was essentially that his condition was degenerative and that his complaint was an exacerbation. Due to the facts of the accident, defendant also felt that comparative fault could be placed on the plaintiff as he did not act cautiously with all the hazards at the intersection.
The jury found plaintiff 75% at fault for the accident and defendant 25%. The jury awarded all of the past medicals (which would receive significant set-offs but the full amounts were boarded) and future medical expenses for one additional ablation. The jury did not find a permanent impairment. After set-offs and comparative fault, the verdict was for just slightly more than $11,000.
