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Automobile accident

April 26, 2011
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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.

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  1. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  2. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  3. Low energy. Next!

  4. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  5. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

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