Facts

Plaintiff Lynette Peters was driving across an intersection in her car when she was struck on the driver's side by a vehicle driven by Sue McLean. McLean was on an errand for her employer, Excel Managed Care & Disability Services Inc. Peters sued McLean for negligent operation and Excel for vicarious liability.

The defendants conceded liability, but contested the plaintiff's claimed injuries.

The plaintiff claimed that she sustained soft tissue damage to her neck, and caused her to suffer from post-traumatic stress disorder and anxiety when driving. She said that in 1971, she was driving a car involved in a car accident that claimed both her parents' lives. She claimed that incident caused her to suffer from PTSD and anxiety, and it took her 10 years for her to recover from it. This accident, she alleged, triggered the disorder once more, and constituted a new psychological injury that will take her another ten years to resolve.

The defendants pointed out that the plaintiff's psychological records did not mention any anxiety while driving until two months after she filed suit. They contended that the plaintiff's claim, as she acknowledged, was a pre-existing condition. They also emphasized that the plaintiff's medical records indicated that she underwent regular counseling sessions from 1994-1997 and underwent an emergency psychological crisis in 2000, despite her claim that her PTSD had been resolved over 20 years ago.

Settlement Discussions

The plaintiff demanded $150,000, the defendants offered $11,640.

Specials in Evidence

The plaintiff sought $1,165 in medical expenses and $10,120 for counseling. The plaintiff requested $53,040 for future psychological counseling.

Damages

The plaintiff sought $350,000 for her pain and suffering.

Injuries

The plaintiff sustained soft-tissue injuries to her neck and underwent counseling.

Result

The jury awarded plaintiff $2,000, but because she had rejected the defendant's settlement offer, she is responsible for defendants' attorney fees and costs.

Deliberation

two hours

Poll

12-0

Length

six days