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Trial Report No. 94-T97, Negligence

Auto Accident – Toe Injuries – Back Injuries

Type of Action

Civil – automobile accident

Type of Injuries

Hallux limitus exostectomy of right great toe, aggravation of pre-existing condition, small bulging disc, L4-L5

Name of Case

Edith M. Hughes v. Robert P. Smith and Emerick Chevrolet Sales Corp.

Court/Case No.

Virginia Beach Circuit Court, At Law No. CL93-1945

Judge or Jury


Name of Judge

Judge Phillip Russo

Special Damages


Damages Awarded or Settled




Attorney for Plaintiff

Stephen M. Smith, Hampton

Insurance Carrier

Universal Underwriters

Highest Offer


Plaintiff’s Experts

Dr. Boyd Haynes, orthopedist; Dr. Scott Olney, chiropractor; Dr. Lewis Croteau, internist; Dr. Glenn Nichols, orthopedist

Defendant’s Experts

Dr. Warren Foer, neurosurgeon; Dr. Arnold Beresh, podiatrist; Dr. Charles Bacon, ENT

Other Useful Information

Defendants alleged that plaintiff was clinically depressed and a faker. Their expert neurosurgeon said that plaintiff was completely well. Evidence showed that the plaintiff had a heel spur and toe spur aggravated by the automobile accident and requiring surgery. The plaintiff complained of low back pain from a bulging disc, which did not require surgery. The defendants denied liability.

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