Rear-end Auto Collision – Morgan County
August 2003
Chronic neck and shoulder pain
Final offer before trial: $4,000
TOTAL JUDGMENT: $87,775
MORGAN COUNTY DISTRICT COURT
Damon P. Edwards v. Phillip R. Friesen
Case No: 01-CV-101
Judge: James R. Leh
Trial Dates: August 18 – 21, 2003
Plaintiff’s Attorneys: David S. Hoover and Michael J. Harvey (Hoover Law Firm)
Defendant’s Attorney: Timothy S. Kovac (Walberg, Dagner & Tucker, PC)
Type of Claim: Personal injury – rear-end auto collision. The plaintiff was driving a GMC pickup truck west on Colorado Interstate 76 at approximately 40 mph. The defendant, Phillip Friesen, driving a 1983 Plymouth station wagon west at approximately 60 mph when he rear-ended the plaintiff’s vehicle. The plaintiff acknowledged that road was ice-covered. The plaintiff’s father testified that he had been on that stretch of the roadway thirty minutes prior to the collision and that it was icy and treacherous. The defendant claimed that he was presented with a sudden emergency due to the icy road conditions. Another pair of vehicles lost control on this stretch of the roadway minutes before this accident. The defendant denied negligence and causation. The defendant claimed that the plaintiff had filed four prior worker’s compensation claims including one for a back injury that occurred four months prior to this auto accident. The plaintiff was still treating for the back injury at the time of this collision. The defendant also asserted failure to mitigate, on grounds that the plaintiff ignored his doctor’s recommendation that he change occupations to something less physically strenuous than operating heavy equipment.
Injuries Alleged: Cervical and thoracic strain resulting in soft tissue injuries. Chronic neck and shoulder pain. The plaintiff, a heavy equipment operator, claimed that he had to give up that line of work approximately two years after the collision because of increasing pain and discomfort. The plaintiff started a sandblasting business and alleged future economic loss of $225,000 to $350,000.
Final Demand Before Trial: $25,000 policy limits demand. The policy limits demand was preceded by a demand of $15,000 according to the defendant’s attorney.
Final Offer Before Trial: $4,000 statutory offer of settlement. According to the plaintiff’s attorney, there was also an indication of $6,000.
Plaintiff’s Expert Witnesses: Jerold A.Brandt, DC (treating chiropractor) Doris Shriver (occupational therapist and vocational rehabilitation specialist) Wayne Gardenswartz, CPA
Defendant’s Expert Witness: Henry Roth, MD (physiatrist)
Verdict: For the plaintiff:
- $50,000 for non-economic losses
- $0 for economic losses
- $0 for physical impairment
Total: $50,000 plus statutory interest of $22,324 and costs of $15.450.55.
©2003 Jury Verdict Reporter of Colorado
All rights including the right to reproduce copies.
Reproduced with the express written consent of the JVRC.
