Automobile Collision – Mesa County

September 2008
Chronic pain in the back and neck – Injury to the left thumbŸ
Final offer before trial:  $50,000
TOTAL JUDGMENT:  $88,902

MESA COUNTY DISTRICT COURT

Sammy J. Brown vs. Michael J. Weigand Case No: 03-CV-578

Judge: David A. Bottger

Trial Dates: September 9 – 11, 2008

Plaintiff’s Attorneys: David S. Hoover (The Hoover Law Firm) and Jeffrey R. Hill (Jeffrey R. Hill, PC)

Defendant’s Attorney: Angela K. Wood (The Law Offices of Scott Tessmer)

Type of Claim: Personal injury – automobile collision. Sammy Brown was driving her vehicle in Grand Junction, Colorado, when it collided with a truck driv­en by the defendant, Michael J. Weigand. The plaintiff said that the defendant had exited from a parking lot, failed to yield, and entered the plaintiff’s lane of travel. The defendant denied causation and disputed the nature and extent of the plaintiff’s injuries and damages. The defendant said that the plaintiff had sustained similar injuries to her back and thumb including two prior dis­locations to her thumb, and claimed the plaintiff was injured in a subsequent rollover accident.

Injuries Alleged: Chronic pain in the back and neck and aggravation of pre-existing disc disease. Injury to the left thumb, resulting in multiple surgeries including lig­ament repair. The PIP carrier paid the plaintiff’s med­ical expenses of $100,000.

Final Demand Before Trial: Policy limits of $100,000 according to the defendant’s attorney.

Final Offer Before Trial: $50,000.00 statutory offer of settlement according to the defendant’s attorney.

Plaintiffs’ Expert Witnesses: Donald Corenman, MD, DC (treating specialist in orthopedics and chiropractic care, by videotape), Vail Burk Young, MD (treating physician, by videotape) Robert Hansen, MD (treating physician, by videotape) Randall Viola, MD (treating orthopedic surgeon, by videotape) Joyce Mueller, DC (treating chiropractor)

Defendant’s Expert Witnesses: B.J. Parks, MD (hand surgeon)
Robert Mack, MD (orthopedic surgeon)

Verdict: For the plaintiff:

• $40,000 (gross)
• 95% negligence charged to the defendant
• 5% negligence charged to the plaintiff

Note: Judgment entered for the plaintiff for $38,000 plus in statutory interest and costs.

©2008 Jury Verdict Reporter of Colorado
All rights including the right to reproduce copies.
Reproduced with the express written consent of the JVRC.