Facts

Deborah Nagin sued Noah Odum and Richard Odum, in connection with a motor vehicle accident.
Richard Odum was ultimately dismissed from the case so the matter proceeded only against Noah Odum.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she collided head-on with defendant's vehicle as she was riding eastbound on State Route 74. Plaintiff alleged that defendant caused the accident by crossing over the double-yellow line. Plaintiff suffered multiple injuries as a result and sued defendant for negligence.

DEFENDANT'S CONTENTIONS:
Defendant did not dispute liability for the accident, but disputed the extent of plaintiff's claimed injuries and claimed that they were pre-existing and age-related.

Settlement Discussions

Nagin's pre-trial demand via 998 was $990,000, the policy limits. Defendant suggested that plaintiff be awarded between $100,000 and $200,000 for pain and suffering.

Damages

Nagin requested $152,908 in past medical expenses, $350,000 in future medical expenses, $1,437,766 in past lost earnings and future loss of earning capacity, and between $3 million to $8 million for past and future pain and suffering. Defendant disputed plaintiff's requested damages, arguing that the jury not award her more than $12,313 in past medical expenses and $24,414 in past lost earnings.

Injuries

Nagin, 59, fractured her sternum and ribs, tore the tendons in her shoulders and labrum, and tore the ligaments in both her knees. Plaintiff claimed she suffered from post-traumatic stress disorder and bouts of depression, anxiety, and sleeplessness. Nagin underwent shoulder surgery and repair, which she followed up with several months of physical therapy. She treated her PTSD and dysthymic disorder with psychotherapy. Nagin claimed that despite the surgeries, she continued to experience pain and swelling in her knees daily, making it difficult to ambulate. She continued to experience her shoulders "popping" and "clicking," and cannot lift more than 25 pounds. Plaintiff claimed her injuries also limited her ability to return to normal life.

Result

The jury found in Nagin's favor and awarded her $536,727 in total damages, which included $12,313 in past medical expenses, $24,414 in past lost earnings, and $500,000 in past pain and suffering.

Deliberation

three hours

Length

two weeks