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Negligence – Auto Accident – MIST

Type of Action - Auto accident

Name of Case - Boone v. Hoggard

Court/Case No. - Norfolk Circuit Court; Law No. CL99-969

Attorney for Plaintiff - Richard R. Aufenger III, Norfolk

Injuries & Damage - Mr. Boone’s first medical treatment was the day following the accident at the emergency room, with no significant spasms, some mild paralumbar muscle tenderness and a final diagnosis of trapezius muscle strain and lumbar muscle strain. He followed up with his primary care physician who treated him conservatively, including physical therapy. He was released from all medical care and fully recovered within three months of the date of the accident and his medical bills totaled $1,565.50. Allstate gave no consideration to the lost wage claim of $5,856.70.

Plaintiff’s Expert - Dr. C. Stokes Kirkland

Defendant’s Expert - None

Outcome of Case - Jury verdict for $20,000.00 on 2/29/00

Other Useful Info - Mr. Boone was the operator of a motor vehicle on Sept. 18, 1998, and was the first car in line stopped at a red light. The defendant was stopped directly behind Mr. Boone. The light turned green and the defendant moved forward, striking Mr. Boone’s vehicle and described by the defense as a “dimple” on the bumper. The police investigated; however, no police report was filed due to no injury reported at the scene and the lack of property damage.

The defendant admitted liability on the morning of trial. The case was contested by Allstate as a MIST case.

Allstate offered $750.00, “take it of leave it.” Notwithstanding the ear marks of a MIST case, the plaintiff was a very credible witness and was a long time mail carrier for the United States Postal Service. After the first week following the automobile accident plaintiff worked on a limited restricted basis in the mail room until being released from his primary care physician and returned to delivering the mail.


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