Facts

On March 19, 2005, at approximately 4 p.m., the plaintiff, Kimberly Manfred, a 32-year-old computer technician, was unloading her Toyota Camper when she was struck from behind by a 15-passenger van left in "drive" by driver employed by defendant Superstation. Driver erroneously believed he had put the van in "park" before either exiting the van entirely or was in the process of cleaning the van when it rolled forward approximately 35-40 feet, striking the plaintiff.

Defendant Superstation admitted liability but contested the nature and extent of plaintiff's injuries, past and future income loss, the necessity of back surgeries and arthroscopic knee surgery.

Settlement Discussions

The plaintiff demanded $250,000. The defendant offered $95,000.

Damages

Plaintiff claimed that she was unable to work for more than two years.

Injuries

As a result of being pinned between oncoming van and rear tailgate of plaintiff's vehicle, plaintiff claimed she underwent lumbar discectomy at L4-5, as well as subsequent infection requiring second back surgery, and arthroscopic right knee surgery some 4-5 months post-back operations.

Result

Verdict for plaintiff for $406,609 ($276,609 economic; $130,000 non-economic).

Poll

9-0

Length

12 days