Facts

Stan Art was driving his vehicle with three of his children when their vehicle was broadsided by another vehicle operated by Dorcas Bender, who as attempting to make a left turn in front of Art's vehicle. Art was injured as a result thereof and sued Bender for negligence.

The matter proceeded to non-binding arbitration, resulting in a $31,000 award. Bender, however, rejected the arbitration, and the matter proceeded to an expedited jury trial.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Defendant was driving inattentively and failed to yield the right of way. Plaintiff further contended that as he entered the intersection, he suddenly saw Defendant in his path but did not have time to avoid a collision.

DEFENDANT'S CONTENTIONS:
Defendant contended that Plaintiff was speeding and caused the crash. She further contended that she stopped for a stop sign at the intersection before proceeding, thereby establishing her right of way.

Damages

Art sought $9,585 in past medical costs, $20,000 in damages, including for his pain and suffering. The parties entered into a $25,000/$7,500 high/low agreement prior to trial.

Injuries

Art was transported by ambulance to the emergency room. An MRI reveled a possible thoracic end-plate fracture. He followed up with months of chiropractic care to treat strains and sprains to his neck, mid-back and left, non-dominant shoulder. He continued to suffer from residual back, neck and shoulder pain. He also claimed that his day-to-day activities were affected for months following the accident.

Result

The jury found Art 70.5 percent at fault for the accident, and Bender, 29.5 percent. Art was awarded $11,872, which included $7,372 for past medical cost and $4,500 for pain and suffering. This was later reduced to $3,502. However, due to the predetermined high/low agreement, Art recovered $7,500.

Deliberation

three hours

Length

two days