On May 6, 2002, thirty-two year-old Sarah Brown was rear-ended on Interstate 405 near the Renton S-curves. The other driver was insured by Farmers Insurance Company. Ms. Brown received injuries to her neck and back. Her medical expenses were $18,205, including $10,500 in chiropractic charges. A lumbar spine MRI revealed a protruding disc that was non-surgical according to her doctor. The last offer from Farmers was $50,000. Mr. Davis presented just four (4) witnesses, including Ms. Larsen and two of her doctors. After a 3-day trial, a jury awarded $500,000.
The Facts Of The Case On May 6, 2002, Sarah Brown was rear-ended while stopped on Interstate 405 in Renton, Washington. The police were called. Ms. Browns's car received moderate damage. She was able to drive away from the scene. The defendant, Jennifer Combs, was 23 years old at the time. She was cited for inattentive driving.
Ms. Brown drove to work but then left after a few hours. She complained of pain to her neck, shoulders, back and hip. She saw a doctor the next day. The doctor diagnosed her with straining injuries to her neck and back, and contusions to her chest and left breast. She was referred to physical therapy and given medications for pain.
Ms. Brown decided to see a chiropractor for her ongoing neck and back pain. A cervical spine MRI revealed a small bulging disc at C5-6. Her neck pain largely resolved after one year.
Approximately one year following the accident, her low back pain worsened. She was admitted to the ER at Evergreen Hospital in Kirkland, Washington. Ms. Brown continued to see a chiropractor for her ongoing low back pain. The pain had worsened by going down her legs and into her right big toe.
A lumbar spine MRI was ordered in October 2005, which revealed a protruding disc at L4-5. Ms. Brown was referred to a neurosurgeon who did not believe surgery was necessary. The neurosurgeon advised Ms. Brown to continue with chiropractic care since her complaints were being managed with this treatment.
Ms. Brown sought a second opinion from a doctor that specializes in minimally invasive spine surgery. This doctor also advised her to continue with chiropractic care instead of surgical intervention.
Seattle attorney, Christopher M. Davis attempted to settle Ms. Brown's case after she underwent the lumbar spine MRI in October 2005. However, Farmers ignored his offer to settle and tried to minimize the extent of Ms. Brown's injuries. At that point, Mr. Davis started to prepare for trial. He met with Ms. Brown's doctors and prepared trial exhibits. More than $5,000 was incurred in litigation costs.
About one month before trial, Farmers finally offered to settle the case for $50,000. Mr. Davis advised his client to reject the offer and go to trial.
The attorney hired by Farmers requested that the case be heard by a jury and paid the required jury fee to the court.
Trial commenced on June 22. Mr. Davis presented just 4 witnesses, including Ms. Brown, her friend and two doctors. After 3.5 hours of deliberation, the jury awarded $500,000, including past economic damages of $20,605, future economic damages of $275,000 and noneconomic damages of $204,395.
*Some names have been changed to protect our client's privacy.
In November 2003, 36 year-old Christina Hoover* was driving in the west bound lanes of Interstate 90 about 2 miles west of Cle Elum. Her husband was riding in the front passenger seat. The defendant, Sally Hinkle, was driving her vehicle in the adjacent lane but 3 to 4 car lengths ahead. The defendant then suddenly changed lanes in front of Ms. Hoover, causing her to lose control, spin 180 degrees and come to a stop sideways in the middle lane. Following behind was a 33 foot motor home towing a Jeep truck. The motor home could not stop in time and T-boned Ms. Hoover's vehicle sending it spinning back into the cement jersey barrier.
The defendant was insured by Allstate Insurance Company. Allstate's lawyer denied that the defendant was responsible for causing the collision and claimed that a trucker moved into her lane, causing the defendant to make an emergency lane change into Ms. Hoover's lane.
Mr. Davis tracked down the motor home driver and his wife. These witnesses did not support the defendant's version of the accident. They stated that the defendant made an abrupt lane change without being forced over by the truck. Mr. Davis also took the deposition of the Washington State Patrol Trooper who investigated the collision. The Trooper also stated that truck driver had nothing to do with causing the collision and that the defendant was solely to blame. Despite these witness accounts, Allstate refused to concede liability thereby forcing Ms. Hoover to go to trial.
Ms. Hoover received severe "whiplash" injuries to her cervical spine. An MRI revealed "cervical kyphosis" or the abnormal curvature of the spine. The MRI also showed a "disc protrusion" or herniation at C5-6. Ms. Hoover could not return to work as a self-employed cleaning lady. She incurred medical expenses of approximately $23,000 over a 3 year period.
Before a lawsuit was filed Ms. Hoover was willing to accept $25,000 to settle her claim, but Allstate refused. Several months after filing suit, Ms. Hoover again offered to accept $25,000 to settle her claim. Allstate refused again.
The jury found that Ms. Hinkle was 100% responsible for causing the accident and rejected her claim that the truck driver was at fault. The jury's verdict was for $379,664. The judge then awarded attorney fees and expenses of $107,887, bringing the total verdict to $487,550.
The plaintiff was represented by her attorney Christopher Michael Davis of Bellevue. Allstate hired John C. Moore of Seattle to defendant Ms. Hinkle. *Names have been changed to protect our client's privacy.
Christopher Davis has sinced written about articles on various topics from Family, Marketing and Wrongful Death. Christopher M. Davis is the managing partner of Davis Law Group. He brings over 15 years of practical yet innovative experience to personal injury cases. He practices law in Seattle, WA. You can learn more about Mr. Davis at. Christopher Davis's top article generates over 22200 views. to your Favourites.