Motor Vehicle Negligence – Defense points to plaintiff’s prior collision, stressors

$175,000 verdict

Injuries alleged: Concussion and long-term sequelae, PTSD, multiple minor strains

Name of case: Milligan v. Green

Court: Stafford County Circuit Court

Case no.: CL23003042-00

Name of judge: Judge Michael E. Levy

Date resolved: April 15, 2026

Special damages: Approximately $125,000 in medical bills and a $95,000 life care plan

Amount: $175,000

Attorney for defendant: Jennifer L. McGovern, Fredericksburg,
Parrish Snead Franklin Simpson

Insurance carrier: Erie Insurance Exchange

Description of case: In 2017, the plaintiff was rear-ended at a low speed in stop-and-go traffic on Garrisonville Road in Stafford County. Her vehicle was pushed into another vehicle and sustained limited property damage. The plaintiff was not diagnosed with a concussion in the emergency room but was subsequently referred to a traumatic brain injury clinic and was treated by multiple neurologists over the nine years leading to trial.

The plaintiff had a history of dizziness, vertigo, tinnitus and hearing loss in the decade before the accident, as well as a concussion in 1980 which had resolved. The plaintiff had also been previously treated for depression and anxiety. Prior psychological stressors included the following: the 1980 collision, which caused the death of the plaintiff’s friend by near-decapitation in the seat next to her; the plaintiff’s treatment for cancer; her husband’s cancer diagnoses and treatment (twice); and her son’s near death in an all-terrain vehicle (ATV) accident.

Following the 2017 collision, the plaintiff claimed exacerbation of her tinnitus and dizziness, as well as newly onset loss of memory, hyperacusis, decreased taste and smell and severe post-traumatic stress disorder, as well as multiple minor strain injuries.

Liability was admitted the week before trial. At trial, two of the plaintiff’s neurologists testified that the 2017 collision caused a concussion and that they referred her for vestibular, physical and occupational therapies without complete resolution of symptoms. The plaintiff’s clinical psychologist testified at trial that the 2017 collision caused severe PTSD, which greatly impacted the plaintiff’s ability to cope with her prior traumatic experiences and her multiple unrelated medical procedures and complications since the accident. He testified that her PTSD was so severe that she could not cope with activities of daily living and may need to be hospitalized.

Dr. Michael Armstrong, otolaryngologist, testified that the plaintiff’s tinnitus and vestibular complaints were worse prior to the accident, and that none of her complaints within his area of expertise were exacerbated or caused by the 2017 collision. Dr. Seth Tuwiner, neurologist, testified that there was no objective basis to diagnose the plaintiff with a concussion and that psychological factors played a major role with regard to her subjective symptoms.

The jury returned a verdict of $175,000 for the plaintiff. The plaintiff had requested that the jury return a verdict of $2 million.