Facts

On Aug. 7, 2012, plaintiff Kerry Hogland was driving with her 12-year-old son, Hunter Trevillion, as well as her 2-year-old and 3-year-old sons on Highway 412 East in Lawrence County in northeastern Arkansas. They were headed to the water park located in Paragould, Arkansas. Douglas Bounds, an employee of defendant, Town & Country Grocer of Fredericktown, Missouri Inc., ran through a stop sign as he was proceeding from the Highway 67 off-ramp onto Highway 412 and broadsided the Hogland vehicle on the passenger side, causing it to spin out of control into a field adjacent to the roadway.

PLAINTIFF'S CONTENTIONS:
Hunter Trevillion, who was 12 years old at the time of the collision, was in the front passenger seat at the time of the impact. He testified that he observed defendant run the stop sign and broadside the vehicle and was conscious throughout the collision aftermath. He testified that he observed his mother being non-responsive in the driver's seat and did not know whether she was dead or alive. His two small brothers were both crying in the backseat and he was able to locate his phone and call 911 to come to the scene.

Plaintiff claimed that she was ultimately going to lose her job because of her inability to perform. She claimed that her income loss would be $1.5 million if she effectively lost her job at the time of trial. Testimony was provided by co-workers and supervisors that she was simply not the same and could not perform at the same level she had before. Plaintiff also claimed that she would require not only medication for her seizure disorder but also medication for ongoing neck and back complaints. There was also a claim for ongoing need for counseling and help at home.

DEFENDANT'S CONTENTIONS:
Defendant ultimately admitted liability a year and a half after the case was in litigation, but disputed the nature and extent of the injuries sustained by Kerry Hogland and Hunter Trevillion.

Defendant contended that plaintiff had returned to work and was doing fine and getting good reviews. At most, plaintiff's income loss was simply being reduced from fulltime to 32 hours. Defendant claimed that plaintiff's income loss was at most $400,000 over her lifetime. Defendant argued that she would require the medications for her seizure disorder and her anxiety and depression but that she would not require counseling or home assistance.

Settlement Discussions

Settlement discussions did not take place until two weeks before the trial. Plaintiffs had made a demand for $3.5 million following the expert depositions, which were concluded in May of 2015. An offer of $1.3 million was made by the defense. The week before trial, plaintiffs indicated a willingness to settle the matter for $2,950,000 if it was resolved at that time before trial. Defense responded, rejected that demand, and offered $1.6 million. During the trial and the night before plaintiff was to go on the stand, the defense offered the sum of $2.5 million to settle the case. That offer was rejected. This matter went through mediation approximately a year before trial before Jim Tilley, a mediator out of Little Rock, Ark.

Damages

Plaintiff's past loss of income and medical bills were undisputed and that sum totaled $375,000. The dispute was over future medical care, future loss of income and pain and suffering. Plaintiff claimed that future income loss would be between $1.4 million and $1.5 million and that pain and suffering was $8 million. Plaintiff also claimed future medical expenses of $350,000. The defense claimed that plaintiff was overstating her loss and her pain and suffering was $500,000 and that her future medical care was only $180,000. Trevillion sought $250,000 to $300,000 in pain and suffering and $50,000 for the scar. Defense argued for $25,000 for pain and suffering and $10,000 for the scar.

Injuries

Kerry Hogland suffered an intracranial hemorrhage and epidural hematoma, which resulted in her requiring a craniotomy and removal of a portion of her left temporal lobe. Her temporal bone was also fractured in the incident, which rendered her deaf in her right ear. Plaintiff claimed her injury resulted in her ultimately being put on an anti-seizure medication because of seizure-like symptoms and an abnormal EEG that was taken a month after the incident. She also claimed soft tissue neck and back injuries, which were problematic over time, but never required any type of surgical intervention or treatment. Plaintiff recovered and returned to her job part-time at NEA Baptist as an ultrasound technician seven months after the incident. She was able to get back to working 32 hours a week in her capacity as an ultrasound technician. Plaintiff contended that Kerry never fully recovered from the brain injury and had residual cognitive deficits and symptoms. She claimed that it affected her behavior, her word selection, as well as her memory, and witnesses were called to testify as to their perceived difference in Kerry in terms of her day-to-day life, her behavior and her abilities on the job. She passed all reviews, and her performance was deemed satisfactory as an ultrasound technician by her employer, following her return to work. The supervising radiologist indicated that she was "adequate" but that previously she had been one of the top ultrasound technicians he had ever worked with. She was able to testify and describe her symptoms and circumstances. Her treating neurosurgeon testified at time of trial as to the nature and extent of her brain injury and loss of brain tissue, as well as the difficulties he would expect her to encounter as an ultrasound technician. Defendant contended that Kerry had made a remarkable recovery and essentially was back to her full capacity and baseline. Defendant hired a board certified neuropsychologist, who tested Kerry, and testified that she had returned to her baseline. The neuropsychologist testified that her premorbid condition was evidenced by how she was back at work and performing in a satisfactory fashion and how she was able to make the decision to separate and terminate her marriage and take care of her children without her husband's assistance. Trevillion had an injury to his right arm where the door was driven into it causing a number of lacerations and multiple soft tissue injuries to his right arm. Following the impact, he had complaints involving his knees and his right ankle in addition to his right arm. He also had complaints as time went on relative to neurological complaints of numbness and tingling in his right arm. Trevillion received some counseling, specifically, four sessions in 2012, but never had any subsequent therapy. He complained that he continues to have flashbacks and nightmares that disturb his sleep and that he has ongoing chronic pain in his knee and ankle, which his treating pediatrician indicated, was now a chronic condition. Defendant contended that Hunter did not suffer any significant injuries. The defense contended he was completely healed, and had not obtained medical treatment in over a year. The defense did attempt to eliminate his claim for the scars on his right arm taking the position that it did not prevent him from working and therefore under Arkansas law was not a viable claim for emotional distress over having scars. That motion was denied.

Result

The jury awarded Hogland $6.5 million in pain and suffering, $321,755.80 for past medical, $300,000 in future medical, $1.4 million in future income loss, $50,056 for past lost earnings, $50,000 for her scars $58,720 for any need for home healthcare and assistance, and $34,259.08 for any medical, or treatment services for Trevillion. The jury awarded Trevillion $450,000 in pain and suffering and $25,000 for the scar for a total of $475,000 in damages. Plaintiffs were awarded a total of $9,189,790.88. The verdict and costs have been paid in full by defendant's carriers.

Other Information

FILING DATE: Sept. 30, 2013.

Deliberation

4.5 hours

Poll

11 to 0 (one juror discharged by court)

Length

nine days