Barbara Edwards v. Freddie Ardell Hardy
Published: Nov. 25, 2003 | Result Date: Mar. 4, 2003 | Filing Date: Jan. 1, 1900 |Case number: 01CECG01605 Verdict – $125,000
Judge
Court
Fresno Superior
Attorneys
Plaintiff
Defendant
Michael E. Lehman
(Ericksen Arbuthnot)
Experts
Plaintiff
James Nugent
(medical)
Randall C. Epperson Ph.D., ABPP
(medical)
Mohammed Ashraf
(medical)
Rick A. Sarkisian
(technical)
Defendant
Victoria Walton
(medical)
Facts
In June 2000, plaintiff Barbara Edwards, 53, was stopped at a red light. Her 1996 Oldsmobile was rear-ended by defendant Freddie Hardy's half-ton Chevy pickup. The plaintiff was taken to a hospital by paramedics. The evidence showed that defendant was traveling 40 mph and accelerating by mistakenly hitting the accelerator at the time of impact. There was no evidence of any braking according to plaintiff's attorney. The defendant testified that he applied the brakes but nothing happened to stop his truck. The defendant asked the jury to award plaintiff her initial medical costs and some follow-up treatment, and $2,000 for pain and suffering, totaling about $8,000.
Settlement Discussions
The plaintiff's first demand was $100,000. She demanded $90,000 (C.C.P. Section 998) 10 days before trial. The defendant's offer was $25,000 with indication of $40,000.
Specials in Evidence
$70,150 $25,000 $134,000 - $420,000
Damages
The plaintiff sought damages for a reasonable amount of pain and suffering.
Injuries
The plaintiff's primary concern was contusions and abrasions to her legs. After her release from the hospital, she had follow-up care with her physician Mohammed Ashraf. He X-rayed plaintiff's legs and also noted she had dizziness and headaches. The plaintiff took three weeks off work. She continued to work as a bookkeeper until October 2000 when the pain became unbearable. The plaintiff was referred to an orthopedic specialist who provided care beginning in December 2000. In April 2001, the specialist indicated the plaintiff was as good as possible and felt that she would benefit from surgery involving interior cervical fusion and decompression at C4-5, C5-6 and C6-7. A neuropsychologist, Randall Epperson, testified that plaintiff suffered a mild traumatic brain injury. He noted she had deficits in her complex attention, difficulties with organization and suffered from depression with post-traumatic stress syndrome. Epperson opined that plaintiff would have difficulty returning to her job as a bookkeeper, but indicated she would be able to work in some capacity. A vocational rehabilitation specialist initially indicated that plaintiff could return to work as a part-time secretary. However, in Ashraf's opinion, the plaintiff, who had been his patient for 15 years, would not be able to return to work in any capacity. A defense expert, neurologist Victoria Walton, examined plaintiff and found she had cervical muscle strain and sprain. Walton believed the plaintiff could return to her normal occupation about three weeks after the car accident. She disagreed with the finding of a herniated disc and did not feel the plaintiff required surgery as a result of the accident. The defense pointed out that the plaintiff only had complaints to her legs following the accident and returned to work for three and one-half months. The defendant also noted that it was only after she had lifted large binders at work in October that she immediately went to the orthopedic specialist and complained of pain. The defense indicated that the plaintiff stopped working on that date and failed to tell any of the treating physicians of that incident.
Result
The jury awarded plaintiff $125,000 as a general verdict.
Deliberation
one day
Length
five days
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