This case involved a rear-end collision in Norfolk. The plaintiff was transported by ambulance and treated in the emergency room. She followed up with an orthopedic surgeon who referred her to physical therapy. Her physical therapy lasted four weeks. The plaintiff had a prior lumbar fusion and incurred an emergency room bill of approximately $11,000.00. This bill included several diagnostic tests to rule out any issues with her prior fusion. Allstate took the position that the bill charged by Sentara was too high, yet they hired no expert to refute the reasonableness of the bill. The offer before trial was $21,400.00. The medical bills totaled approximately $17,000.00. A high/low agreement was in place for $21,400.00/$50,000.00. The trial began at 9:30 a.m. and concluded by 4:00 p.m. The jury quickly returned a verdict of $50,000.00.
Type of action: Personal Injury – Automobile Wreck
Injuries alleged: Soft tissue, neck.
Name of case: Mischelle Cave v. Ruth Cauthen
Court: Norfolk Circuit Court
Tried before: Jury
Name of judge: Hon. John R. Doyle III
Date resolved: July 6, 2016
Verdict or settlement: Verdict
Attorney for plaintiff: Emily Mapp Brannon, Norfolk
Attorney for defendant: Sandra Craine-Gonzales, Norfolk
Plaintiff’s experts: Dr. Tommy Osborne
Defendant’s experts: None
Insurance carrier: Allstate