Facts

Cindy Lee Smith was driving a sedan in the course and scope of her employment as a paratransit driver. Her vehicle was struck from behind by a station wagon traveling at approximately 10 to 15 miles per hour, being driven by Sylvie Lemoine, in the course and scope of her employment with Spring Hill Jersey Farm. Smith filed suit against Lemoine and her employer.

DEFENDANTS' CONTENTIONS:
The defendants conceded liability for the accident, but contested causation of plaintiff's alleged injuries. The defendants introduced expert opinion that plaintiff suffered from degenerative changes to her cervical spine, and that she might have required surgery even if she hadn't been involved in the accident. The defendants' experts stated that the rear-impact collision here did not involve forces sufficient to have caused structural damage to the cervical spine.

Specials in Evidence

Plaintiff sought $128,000 in medical expenses. Plaintiff anticipated $75,000 to $100,000 in future medical expenses.

Damages

The plaintiff sought a total of $1.1 million in damages.

Injuries

The plaintiff's expert neurosurgeon testified that she had developed a cervical condition as a result of the accident, which required surgical intervention. He opined that plaintiff would also require future surgery as well. The plaintiff denied having any cervical symptoms or treatment prior to the accident. The plaintiff underwent a corpectomy procedure at C6 for a disc herniation at C6-7, and claimed that she could require future surgery to address adjacent vertebral segments which would be weakened by the fused levels addressed in the first surgery.

Result

The jury returned a defense verdict. The jurors stated that they did not consider the plaintiff's expert witnesses' testimony because they felt he was a "hired gun."

Other Information

The plaintiffs are considering filing a motion for a new trial.

Deliberation

5.5 hours

Poll

11-1 (no causation)

Length

six days