James and Ester Whitman v. Britt Ellis
Court: Circuit Court for Montgomery County
Case Number: 114086
Proceedings: Jury Trial
Judge: The Honorable DeLawrence Beard
Outcome: Jury verdict for plaintiff
Incident Date: N/A
Filing Date: N/A
Disposition Date: N/A
Plaintiff: James and Ester Whitman
Plaintiff Attorney: Richard L. Jaklitsch
Defendant: Britt Ellis
Defense Attorney: Don F. Ryder
Injury Claimed: Neck, knee
Description of Injury: Non-displaced spinous process fracture at C-6 in neck and bruised knee. Plaintiff was self-employed and claimed his absence resulted in lost sales and a decrease in the value of his company stock.
Amount Sought: $3,773 in past and future medical specials and $4,000 in lost income and $90,000 in lost profits
Settlement Offer: $15,000
Award: $50,773
Location of Incident: N/A
Case Information: Plaintiff and defendant were traveling in opposite directions on a road in Montgomery County. Defendant made a left turn across the path of plaintiff's vehicle, resulting in collision.
Plaintiff alleged that defendant was negligent in failing to yield the right-of-way.
Defendant contended that plaintiff's injury, a non-displaced fracture of the spinous process at C-6, was relatively minor and that plaintiff's speed contributed to the accident.
Per counsel, defendant's accountant limited plaintiff's claim on the value of his biotech stock loss at $7,000. He testified the loss to plaintiff ended one month after the accident, even though it took three months for plaintiff to return to work. The jury "latched on" to this figure and kept the verdict well below what it otherwise would have been.