Expert didn’t review MRI before reaching conclusions — $108,000 verdict

This case arose out of a car wreck that happened on May 2, 2016. The defendant struck the plaintiff’s vehicle in the rear while he was stopped for a red light. The plaintiff went to an urgent care the day after the wreck complaining of neck pain. The plaintiff testified that he also complained of left shoulder pain, but the initial record was unclear about this.

The plaintiff went to Dr. Martin Coleman 11 days later and complained of left shoulder pain. He was diagnosed with a left rotator cuff tear and eventually underwent surgery to repair it.

The defense maintained that the left rotator cuff tear pre-existed the accident because the plaintiff had a right rotator cuff tear years before. The defense expert, Dr. John Aldridge, admitted on cross-examination that he never reviewed any of the plaintiff’s MRI films before reaching his conclusions.

The defendant’s State Farm policy limits were $50,000, making this an excess verdict. State Farm paid the entire verdict amount.

[020-T-108]

Type of action: Personal Injury

Injuries alleged: Left rotator cuff tear, neck pain, back pain

Name of case: Ronald Lee v. Baylee Thayer

Court: Hampton Circuit Court

Case no.: CL18-745

Tried before: Jury

Name of judge or mediator: Judge Bonnie L. Jones

Date resolved: 02/05/2020

Special damages: Medical Bills: $52,128.45

Demand: $50,000

Offer: $12,000

Verdict or settlement: Verdict

Amount: $108,000

Attorney(s) for plaintiff: Griffin M. O’Hanlon and John G. Baker, Norfolk

Plaintiff’s experts: Dr. Martin Coleman

Defendant’s experts: Dr. John Aldridge

Insurance carrier: State Farm