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Personal Injury (Vehicular)
Auto v. Auto
Rear-End Collision

Alice Shoemaker and Gary Shoemaker v. Kurt Akin; John Stowe; Platinum Auto Brokers

Published: Jul. 25, 1998 | Result Date: Mar. 6, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 96CV1062 –  $158,500

Judge

Donald W. Marshall Jr.

Court

Adams Superior


Attorneys

Plaintiff

Natalie A. Brown


Defendant

Michael P. Serruto

Terry L. Lutts


Experts

Plaintiff

Scott Burke
(medical)

Patricia Pacey
(technical)

Mitchell Seemann
(medical)

Yechiel Kleen
(medical)

Defendant

Jeffrey Sabin
(medical)

Facts

On Jan. 14, 1995, plaintiff Alice Shoemaker was a passenger in a vehicle driven by her husband, plaintiff Gary Shoemaker. The plaintiffs claimed that their vehicle was rear-ended by a vehicle driven by defendant John Stowe at the intersection of 46th and Wadsworth Boulevard. The plaintiffs claimed defendant Stowe's vehicle was then rear-ended by a vehicle driven by defendant Kurt Akin, pushing defendant Stowe's vehicle into their car again. Defendant Stowe was an employee of defendant Platinum Auto Brokers and was acting in the course and scope of his employment at the time of the accident. Defendant Stowe claimed that he hit the plaintiffs' vehicle only once - after his vehicle was struck from behind by defendant Akin's auto. Defendant Akin claimed that the first impact caused Alice Shoemaker to change her position in the auto which caused her injuries. Alice Shoemaker claimed that she had put her right hand on the dashboard and was looking back to see if her daughter was safe when the second impact occurred. The plaintiffs brought this action against the defendants based on negligence.

Settlement Discussions

The plaintiffs made a settlement demand for $170,000 (joint offer). Defendants Stowe and Platinum Auto Brokers offered $10,000. Kurt Akin indicated he would pay policy limits of $30,000.

Specials in Evidence

$11,000 (paid by PIP - Alice Shoemaker)

Damages

A claim for past wage loss and an impairment of future earning capacity. Gary Shoemaker claimed loss of consortium.

Injuries

Alice Shoemaker alleged bilaterial shoulder impingement resulting in right shoulder decompression, S1 joint disfunction and soft tissue neck injuries.

Result

We need the city of locale of experts Beth Wallace ____________, Scott Burke _____________, Mitchell Seemann _________________

Other Information

The verdict was reached approximately one year and eight months after the case was filed.

Length

four days


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