Trial Results
Tuesday, October 1, 2019
by:

Section: Secondary Article




Coreen Wilson has been rather busy this year! 


Trial 1 – Plaintiff asked for $1 million – got $65,000
 
Type of case: Motor vehicle accident 

Brief facts: Three car rear-end accident.  Plaintiff experienced neck and arm symptoms following the collision, which resolved within 6 weeks.  Three months after resolution, she experienced a recurrence of neck and arm symptoms and had a two-level cervical fusion.  Plaintiff’s treating neurosurgeon, Dr. Jayshree Srinivasan, opined that she was unable to determine whether the surgery was proximately caused by the accident.  Plaintiff’s testifying expert, Dr. Richard Wohns, attributed the surgery to the accident.  Defendant’s testifying expert, Dr. James Blue, did not. 

Carrier: Allstate  

Judge: Rosen 

Plaintiff’s attorney: Anthony Marsh 

How long: 4 days 

Offer: $4,000.00 

Demand and verdict: Prior to trial, Plaintiff demanded the $100,000.00 policy limits from each defendant.  One defendant paid limits; the other did not.  Plaintiff asked the jury for $1 million.  Verdict:  $65,000, apportioned 50/50 to the two defendants (net verdict $32,500 each). 

Anything interesting: Following trial, the jurors said that the majority of them did not believe that the surgery was related to the collision.  Several of them wanted to award Plaintiff $0.  A few of them believed that the surgery was related.  The verdict was the result of taking a weighted average of the votes. 


Trial 2 – Plaintiff asked for $480,000 got $3,000. 

Type of case: Motor vehicle accident 

Brief facts: Minor impact accident involving a plaintiff who had been in a previous car accident.  The judge excluded the vehicle damage photos.  Defendants did not offer biomechanical testimony.  Defendant’s testifying expert was Rick LaMarche, DC.  Plaintiff made a significant wage loss claim. 

Carrier: Allstate 

Judge: Bradshaw 

Plaintiff’s attorney: Dave Mann 

How long: 3 days 

Offer: $30,000 

Demand and verdict: This case was subject to Mandatory Arbitration.  The arbitrator awarded Plaintiff $50,000.00.  Plaintiff filed an Offer of Compromise of $45,000.  At trial, she asked for over $480,000.00.  Verdict: $3,000.00 in special damages, $0 in general damages. 

And anything interesting: Plaintiff filed a motion for a new trial because the jury awarded $0 in general damages.  The court denied Plaintiff’s motion.