By Virginia Lawyers Weekly
June 23, 2008
On Aug. 3, 2005, 52-year-old Willnette Jackson’s Mazda Protégé was rear ended by defendant Thompson’s Ford F-250 pick-up truck after the plaintiff stopped to make a left turn. The Mazda, which sustained substantial damage, was pushed across the oncoming lane of travel and into a ditch. Liability was admitted at trial.
With complaints of soreness all over, the plaintiff was taken by rescue squad to MCV Hospital where she stayed overnight. Her doctors ordered numerous CT scans, all of which were reported as negative for serious injury. One week later, the plaintiff followed up with her family doctor for the first and only time. She testified that she continued to suffer back pain for two to three months after the accident.
Thereafter, she made a complete recovery. She missed no time from her employment as a special education teacher. Plaintiff’s counsel decided not to incur the expense of calling any of her physicians to testify at trial. The only witnesses to testify on plaintiff’s behalf were the plaintiff herself and the investigating police officer.
Plaintiff’s medical bills totaled $20,102.09. Defendant’s highest offer before trial was $25,000. The jury returned a verdict of $47,500.
[08-T-100]
Type of Action: Personal injury
Injuries Alleged: Neck and back strains
Name of case: Willnette P. Jackson v. Michelle Thompson and Organicare Inc.
Court: Richmond Circuit Court
Case No: CL07-2708
Tried before: Jury
Name of Judge: Melvin R. Hughes Jr.
Special damages: $20,102.09 in medical bills; no lost wages
Verdict or Settlement: Verdict
Amount: $47,500
Date: May 8, 2008
Demand: $40,000
Highest Offer: $25,000
Insurance Carrier: Erie Insurance Company
Attorney for Plaintiff: George E. Allen III, Richmond
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