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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

Jury

Name of Judge

Judge Phillip Russo

Special Damages

$9,787

Damages Awarded or Settled

Awarded

Amount

$193,976

Attorney for Plaintiff

Stephen M. Smith, Hampton

Insurance Carrier

Universal Underwriters

Highest Offer

$27,500

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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