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Motor vehicle accident: Noblesville collision

April 6, 2016

Trial Reports: Reports on recent Indiana cases from the lawyers and judges involved. Submit a trial report at http://www.theindianalawyer.com/submit-trial-reports.

Motor vehicle accident

Name of Case: Patricia Acker and Peter Acker v. Keyna Sanders
Court Case Number: Hamilton Superior Court, 29D01-1305-CT-04836
Injuries: Chronic neck and back pain
Court Date: Jan. 25-27, 2016
Trial Type: Jury trial
Judge: Hon. Steven R. Nation
Disposition: Defense verdict
Plaintiff Attorney: Arvin R. Foland, Arvin R. Foland & Associates, Noblesville
Defendant Attorney: Kevin C. Tyra and Elizabeth H. Steele, Tyra Law Firm, Indianapolis
Insurance: State Farm

Case Information: On July 12, 2012, an Infiniti QX4 SUV driven by defendant Keyna Sanders made contact with the rear of a Jetta occupied by driver Patricia Acker and her husband, Peter Acker, on eastbound Pleasant Street in Noblesville, near the intersection with State Road 37. There was minor damage to the rear of the Jetta, and a small crack in the underbumper of the Infiniti. Patricia was taken from the scene in an ambulance, complaining of severe neck and back pain. Peter sought medical attention two weeks later with his primary care physician, complaining of neck pain. Ultimately, Patricia’s medical bills totaled $80,714.28, and Peter’s bills totaled $74,938.86. Patricia complained of debilitating lower-back pain persisting through the time of trial. Peter’s neck pain, radiating into his left arm, persisted for about a year post-accident, and continued to limit his function somewhat through the time of trial. Patricia minimized any pre-accident neck or back problems, despite chiropractic records in late 2011 reflecting chronic pain since February 2009. Peter minimized any pre-accident neck or back problems, despite chiropractic records in 2009 reflecting chronic pain since 2000. Plaintiffs presented the live testimony of themselves, responding officer Chad Yoder, and physical therapist Christen Geisz; and deposition testimony by treaters Drs. James Hardacker, Charles Solano, Christian Verhagen, and Steven Wilk. Defense counsel presented brief testimony from Keyna Sanders that included her observation that the impact was very low-speed, and the video deposition testimony of biomechanical expert Alfred P. Bowles, M.D., who testified that he estimated the speed at impact as no more than 4.4 mph, which translates to no more than 2.7g of force, which would not have caused the severity of injuries claimed.•

Submitting Attorney: Kevin C. Tyra

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