Location: Richmond City Circuit Court
Jury Verdict: $1,461,000
Attorney Chris Toepp secured a $1,461,000 jury verdict on behalf of his client following a two-day trial in Richmond City Circuit Court.
Chris’ client, a 48-year old woman, was injured in a rear-end crash at the I-64/I-95 interchange in the City of Richmond. She went to the emergency room the following morning for neck pain and shortly thereafter began a course of treatment which involved two separate neck surgeries to repair a herniated disc at the C5-6 level. Liability, those injuries, and the treatment related to them, were not in dispute in the case.
Unfortunately, the surgeries did not alleviate her pain. The numbness she initially felt in her right arm ultimately moved to her left arm and she needed a third surgery to address disc compression at the level immediately below her initial fusion. During her post-surgical recovery she slept in a recliner which began to cause lower back pain. Unfortunately, that pain continued to build to the point where she needed a fourth surgery to address a parrs defect in her lumbar spine. She then had a fifth surgery to address ongoing neck pain and radiating numbness at the level above her prior fusion. In total, she underwent five surgeries and 117 separate medical appointments over the course of two and a half years as she sought relief from her pain.
While the defense admitted liability for the crash and the necessity of her first two surgeries, they disputed the remaining treatment and argued that the ongoing injuries were due to pre-existing arthritis, not the crash. A defense-retained orthopedic surgeon reviewed her records and claimed the later degeneration in her spine was unrelated to the crash. Approximately $300,000 worth of medical treatment costs were hotly disputed in the case.
The treating surgeon firmly connected all of her injuries to the collision. He testified that the initial fusion surgery put pressure on the adjacent discs in her cervical spine causing them to rapidly degrade. It was a chain reaction where the first procedures ultimately necessitated the following procedures. The surgeon attributed her lower back surgery to complications that developed during her surgical recovery as she was asymptomatic before the crash.
Chris and his client bravely rejected a substantial pre-trial settlement. Chris stood firm, confident in the strength of the case. The jury sided with his client and returned a verdict of $1,461,000 in her favor.
“Chris did an incredible job on behalf of a very deserving client,” said fellow Allen & Allen shareholder Rob Reed. “Chris demonstrated no fear in turning down a big offer to fight for his client. The result affirmed what I saw Chris accomplish with each witness and every argument. It was inspiring to watch.”
Chris was supported at trial by legal assistants Kendall McCormick and Adair Rubeling.
