ILNews

Automobile accident

April 26, 2011
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
Trial Report

Melissa Miller v. Crossroads Rehabilitation Center, Inc. and John Gocke
Marion Superior Court # 10
No. 49D10-0901-CT-002353
Injuries: Multiple physical symptoms that included headaches, dizziness, memory loss, nausea, bilateral ankle pain, right shoulder pain, mouth pain, cervical pain, thoracic pain, and lumbar pain.
Date: May 19, 2010
Judge or Jury Trial: Jury trial
Judge: Hon. David Dreyer
Disposition: Plaintiff verdict after reduction for comparative fault: $848,800
Plaintiff Attorney: Jason A. Shartzer, Louis Buddy Yosha, and Richard A. Cook, Yosha Cook Shartzer & Tisch
Defendant Attorney: Andrea Simmons, The Pollack Law Firm
Case Information: On Feb. 15, 2007, at approximately 9 a.m., plaintiff was driving her 2003 Chevy Impala northbound on North Arlington Avenue approaching East 21st Street in Indianapolis. The defendant was driving a 1997 Ford semi in the left northbound lane on North Arlington Avenue. As plaintiff was proceeding through the intersection in the right northbound lane, the defendant attempted to make a wide right hand turn onto East 21st Street. and collided with the driver’s side of the plaintiff’s vehicle.

Liability was in dispute. The plaintiff argued that defendant should have kept a proper lookout and that defendant swung so far wide to make the right turn that a portion of his trailer was actually in the dedicated left-turn lane. The plaintiff argued that had the defendant looked, he would have seen the plaintiff’s vehicle. The police officer that investigated the collision testified that a portion of the defendant’s trailer was in the dedicated left turn lane at the time of the collision. The defendant argued that the plaintiff should have seen the semi’s right turn signal and known that the defendant was making a wide, right turn. The defendant also implied in argument that the plaintiff was on her cell phone at the time of the collision and introduced evidence that she was running late for work.  

Plaintiff initially refused medical attention at the scene of the collision and went to her job as a nurse for a medical doctor. She did, however, report her complaints of pain to her employer when she arrived at work, and later that day she sought medical treatment at St. Francis Hospital. She followed up with her family physician.

Plaintiff underwent MRI testing that revealed a broad-based, central disc herniation at C5-C6 with no stenosis or effacement. She was diagnosed with right cervical radiculopathy and underwent a CT scan of her head which was ultimately negative. She continued to have multiple physical symptoms and continued to undergo treatment that included consultation with a neurologist and MRIs.

Plaintiff stated in her discovery responses and testified in her deposition that she suffered from multiple injuries to multiple parts of her body with the most severe injury, in her opinion, being a brain injury. Although Melissa experienced brain injury-type symptoms, the objective tests and the information from her treating physicians was insufficient to support a claim for a brain injury related to the collision. The plaintiff’s claim for damages at trial was focused on her herniated disc at C5-C6. One of plaintiff’s treating doctors testified in advance of trial that the herniation was caused by the collision and that it was a permanent condition.

Plaintiff incurred approximately $47,600 in medical expenses, almost half of which was diagnostic in nature. She did not make a claim for wage loss. Plaintiff was 34 at the time of trial and there was testimony from her doctor that she would have future medical expenses related to her herniated disc and that she would likely become a surgical candidate.

Prior to trial, plaintiff’s last demand was $148,000 (which was withdrawn prior to trial) and the defendant’s last offer was $50,000. After the first day of trial, defendant increased its offer to $100,000. Also, prior to trial, plaintiff had suggested high/low parameters of $465,000 and $75,000. The defendant rejected the high/low parameters.

At the conclusion of a two-day trial, the jury returned a verdict in favor of the plaintiff for $1 million, but the jury also allocated the plaintiff a little more than 15 percent comparative fault. The judgment for the plaintiff after the reduction for comparative fault was $848,800.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

ADVERTISEMENT