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Negligence – Auto Accident (326772)

Type of Action – Automobile Accident/ Personal Injury

Type of Injuries – Headaches, neck and back sprain

Name of Case - Eubanks v. Owens

Court/Case No. – Chesapeake Circuit Court; CL98-363

Judge or Jury – Jury

Name of Judge – Judge Frederick H. Creekmore

Special Damages – $2,097.75

Awarded or Settled – Awarded

Amount - $550

Attorney for Defendant - Brian W. Lown, Virginia Beach

Plaintiff’s Experts – Dr. Edward Gold, family doctor, and Vilma McCall, physical therapist

Defendant’s Experts – None

Insurance Carrier – Allstate Insurance Company

Highest Offer – $1,000

Lowest Demand - Plaintiff sued for $10,000

Other Useful Information – Liability was admitted at the outset of trial and the only issue for the jury’s consideration was plaintiff’s damages. Plaintiff presented herself to Chesapeake General Hospital on the same day as the accident complaining of neck pain and headaches. She followed up with her family doctor, Dr. Edward Gold, three days later and he testified that plaintiff suffered a cervical and lumbar strain as a result of the car accident. Dr. Gold prescribed physical therapy and the physical therapist, Vilma McCall, testified as to her findings on examination and the physical therapy modalities that were used to treat the plaintiff.

Plaintiff was a hairdresser at the time of the accident and she was advised by her family doctor to remain out of work for one week. Serious credibility issues were raised with the plaintiff and her sister with regard to the force of impact and the events that transpired immediately following the accident.


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