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Vehicle negligence

March 2, 2011
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Trial Report

Patricia Mowery and Harold Mowery Jr. v. Arron Hofmeister and Marathon Petroleum Company LP

Marion Superior Court #12

No. 49D12-0908-CT-038874

Injuries: cervical strain/sprain, discectomy and fusion C5-6, lateral epicondylitis

Date: Feb. 8 to 10, 2011

Judge or Jury Trial: Jury trial

Judge: Hon. Heather Welch

Disposition: Defense verdict, no fault

Plaintiff Attorney: Troy K. Rivera, Nunn Law Office

Defendant Attorney: Miriam Rich, Gonzalez Saggio & Harlan

Case Information: Plaintiff Patricia Mowery approached defendant’s transport (tractor and tanker trailer) at 1 a.m. on July 24, 2009, from behind as defendant began to make a right turn. Defendant’s right turn signal was visible in security video captured by a nearby convenience store camera, as was plaintiff’s approach on defendant’s right side after defendant began his right turn maneuver. Storage boxes mounted below the frame of the tanker trailer impacted the front left tire and fender of plaintiff’s SUV and peeled back the front bumper. No injuries were reported at the scene. Plaintiff went to an Immediate Care Center 20 hours after the collision with stiffness to her neck and was diagnosed with a cervical strain/sprain and degenerative disk disease. She had disk fusion surgery Nov. 10, 2009, and claimed $80,821.13 in medical expenses. The matter proceeded to a jury trial Feb. 8 to 10, 2011, and the jury returned a verdict of no fault on defendants.•

– Miriam Rich

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