Facts

Marlene Dixon was at the intersection of State Road 41, intending to make a left onto Jackson, when her vehicle was struck from behind by Jay Eaton on June 29, 2007.

Dixon filed suit against Eaton alleging motor vehicle negligence.

PLAINTIFF'S CONTENTIONS:
Dixon contended that she stopped in the northbound lane to wait for oncoming traffic when she was rear-ended by Eaton. Dixon and another witness stated that Dixon had a left turn signal on.

DEFENDANT'S CONTENTIONS:
Eaton conceded liability, but contended that Dixon was comparatively at fault. Eaton alleged that he and his wife, who was in the front seat, thought that Dixon's vehicle was moving, and hit the brakes when he realized she was stopped. Eaton's wife stated that she did not see any turn signal or brake lights on Dixon's vehicle.

Damages

Dixon sought $74,027 in medical expenses, $180,000 in past pain and suffering, as well as $80,000 in future pain and suffering, and $20,000 in future medical care. The defense disputed Dixon's medical specials, and claimed that Dixon's shoulder injuries were unrelated to the accident.

Injuries

Dixon underwent X-rays and a CT scan, which showed two or three broken ribs. She also sustained abrasions and bruises, and claimed loss of consciousness. Dixon underwent physical therapy and chiropractic treatment, and was treated with pain medications. She further claimed that she suffered from mild depression, and was diagnosed with rotator cuff tears in 2009 for which she had two surgical repairs performed.

Result

The jury awarded Dixon $56,000 in damages. Motions made. No post-trial judgment paid.

Deliberation

two hours

Length

three days