Facts

Joe Egan was stopped on his motorcycle while waiting to make a turn. When the light turned green, he was struck from behind by a sports utility vehicle operated by Joy Bowen. His motorcycle was propelled forward approximately one or two car lengths. Egan sued Bowen for motor vehicle negligence and claimed she moved her vehicle when it was unsafe to do so.

Bowen claimed that Egan had stopped abruptly after beginning to move and was thus also negligent.

Injuries

Egan sustained a T12 fracture, lumbar disc bulges, and sprains and strains. He had pre-existing spinal degeneration and was also in a subsequent auto accident. Prior to the subsequent accident, Egan was asymptomatic. After the subsequent accident, he underwent chiropractic treatment, epidural and facet injections, and physical therapy. He claimed ongoing back pain and a decrease in mobility.

Result

The jury found that Bowen was 90% liable and awarded Egan with $573,329.89, reduced to $515,996.80 based on the comparative fault offset.

Deliberation

two days

Poll

12-0 liability; 11-1 damages

Length

five days