Sherry L. Sheppard v. Torri L. Petry
Published: Feb. 3, 1996 | Result Date: Dec. 14, 1995 | Filing Date: Jan. 1, 1900 |Case number: 902012431 – $121,580
Judge
Court
Snohomish Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Kent Shafer
(technical)
Daniel Mckinnon
(medical)
Gary Stobbe
(medical)
Joyce Burns
(medical)
Glenn W. Drumheller
(medical)
Defendant
R. Milton Schayes
(medical)
Facts
On January 29, 1988, the plaintiff, a 43-year-old temporary bookkeeper, was driving her vehicle eastbound on 132nd Street southeast in Mill Creek, Snohomish County, at approximately 1:10 p.m. with her son in the passenger seat. The plaintiff alleged that she stopped at 44th Avenue southeast to make a left turn when the defendant came down 132nd Street southeast and could not stop in time to avoid striking the rear of the plaintiff's vehicle. The plaintiff brought this action based on a negligence theory of recovery.
Settlement Discussions
A mediation was held before Scott Holte who recommended a $25,000 settlement. The plaintiff made a $100,000 (policy limits) settlement demand. The defendant made a $12,000 settlement offer.
Specials in Evidence
$3,989 (medical costs of $18,012.13 plus prejudgment interest of $2,987.87 were awarded in the first trial.) The court would not allow previous medical costs to be introduced in evidence in the second trial. $44,068 (seven years and eleven months of part time wages)
Damages
The plaintiff asked the jury for $571,000. The defendant asked the jury to award $15,000.
Injuries
Minor head injury requiring physical therapy; neck and upper back injuries requiring physical therapy (218 visits); shortened attention span/inability to concentrate; tinnitus; and headaches requiring pain medication.
Other Information
The verdict was reached approximately seven years and eleven months after the case was filed. The plaintiff claimed she kept getting fired because she was making accounting and clerical mistakes due to her head injury. In the first trial held in June, 1992, the jury awarded the plaintiff $4,000 for general damages and $3,000 for economic damages.
Deliberation
5 hours
Length
3 1/2 days
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