Plaintiff gets top end of high-low agreement – $50,000 Verdict

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.

[16-T-112]

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

Demand: $35,000.00

Offer: $21,400.00

Verdict or settlement: Verdict

Amount: $50,000.00

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