Negligence – Auto Accident – Whiplash

Type of Action – Personal Injury; Automobile Accident

Type of Injuries – Whiplash, soft tissue injuries to neck

Name of Case – McGuire v. Linville (Stump)

Court/Case No. – Circuit Court for the City of Roanoke; CL97-1101

Judge or Jury – Jury

Name of Judge – Robert P. Doherty Jr.

Special Damages – $7,077.85 in medical bills. No lost wages

Awarded or Settled – Awarded

Amount – $75,000

Attorney for Plaintiff – David J. Damico, Roanoke

Plaintiff’s Expert – Dr. Howard Sherman, neurologist

Defendant’s Expert – None

Insurance Carrier – Allstate

Highest Offer – $15,000

Lowest Demand – $25,000

Other Useful Information – Plaintiff was stopped on a one-lane highway preparing to turn left when she was struck by the defendant from behind. Defendant claimed contributory negligence by the plaintiff for failure to use a turn signal. Plaintiff’s vehicle sustained about $500 in damage and was driven away from the scene. Plaintiff later went to the emergency room on her own and was treated and released. Her neurologist attributed her persistent neck pain to the auto injury despite the presence of previously asymptomatic degenerative arthritis of the neck. Plaintiff’s neighbor and daughter testified that plaintiff was a hard-working homemaker who cleaned her house every day, painted the exterior of the house shortly before the accident, kept children and grandchildren and was very active prior to the accident. After the accident, they corroborated plaintiff’s testimony that she was in constant pain and could no longer do any of those activities or effectively participate in her favorite hobby of crocheting. The jury sent out a question shortly before returning the verdict, asking if they were limited to the amount plaintiff’s attorney had asked for ($75,000).

[99-T-396]