Auto Collision/Uninsured Motorist – Alamosa County
November 2002
Aggravation of long-standing degenerative disc disease
Final offer before trial: $15,000
TOTAL JUDGMENT: $235,505
ALAMOSA COUNTY DISTRICT COURT
Janet Adams v. State Farm Mutual Automobile Insurance Company
Case No: 00-CV-124
Judge: John Kuenhold
Trial Dates: November 19 – 22, 2002
Plaintiff’s Attorneys: David S. Hoover and Michael J. Harvey (Hoover Law Firm)
Defendant’s Attorney: Dale Enck, Buena Vista
Type of Claim: Personal injury – auto collision; uninsured motorist. Janet Adams, 65, was a passenger in a vehicle driven by Cynthia Danielson on May 5, 2000, when that vehicle was struck by a vehicle driven by Wesley J. Willett. Mr. Willett settled with Janet Adams for his policy limits of $25,000, and Janet Adams sought underinsured motorist coverage through State Farm, which provided the policy for Cynthia Danielson. Janet Adams claimed economic and noneconomic losses and physical impairment as a result of the collision. The defendant admitted that Wesley Willett caused the collision, but disputed the nature and extent of the plaintiffs injuries and whether those injuries were caused by this accident.
Injuries Alleged: Lumbosacral sprain, aggravation of long-standing degenerative disc disease and spinal stenosis with foraminal narrowing at L5-S L. At the time of the collision; the plaintiff was employed part-time as a licensed practical nurse and she claimed she could not return to nursing because of chronic pain. Both treating physicians acknowledged that the plaintiffs symptoms were not sufficiently severe to warrant surgery. Final Demand Before Trial: Total of $275,000 subject to the reduction of $50,000 total paid under Wesley Willetts’ policy and Janet Adams’ policy.
Final Offer Before Trial: $15,000.
Plaintiff’s Expert Witnesses: Joseph Hollinger, MD (treating orthopedic surgeon, by videotape) Claude Gelinas, MD (treating orthopedic surgeon, by videotape) Doris Shriver (occupational therapy and vocational rehabilitation) Wayne Gardenswartz, CPA
Defendant’s Expert Witness: Hendrick J. Arnold, MD (orthopedic surgeon, regarding an IME)
Verdict: For the plaintiff:
- $175,000 for economic losses
- $150,000 for non-economic losses
- $50,000 for physical impairment
Total: $375,000.
Note: The court reduced the damages to $225,000 plus costs
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