|
Carey Dorgan v. Norman Weis
Client Name:
St. Louis City Circuit Court
Judge:
Honorable Stephen R. Ohmer
Length of Trial: 3 days
Verdict:
Defense verdict
Defendant
Counsel: Gary Wiseman
Insurance Company :
Auto-Owners Insurance
Facts of Case
Plaintiff was traveling with her fiancé from Arizona to Pennsylvania for her wedding. They were traveling in her 2001 Honda Civic eastbound on Interstate Highway 44 just west of St. Clair, Missouri. At approximately 11:30 p.m. she crested a hill and began down the other side. She saw a car in her lane that she thought was slowing. She determined it was not moving and stopped a few feet behind. No sooner had she stopped than the phantom vehicle sped off. She claimed she was then hit hard from behind by the insured’s Jeep Cherokee. The vehicles spun to the side of the road and plaintiff’s fiancé soon smelled smoke. They exited their car and watched from nearby as it caught fire and burned along with the insured’s car.
The insured was a dairy farmer returning to Wisconsin from a cattle auction in southern Missouri. He crested the hill and saw two vehicles in the road. He did not see hazard lights and denied that either car had its brake lights on. He first thought the cars were passing one another, but then determined they were stopped. He braked hard but could not avoid plaintiff’s car. He agreed that the impact was substantial but denied that there was anything he could do to avoid the impact given the placement of the cars on the road just over the crest of the hill.
Plaintiff was thoroughly examined in a local emergency room and then treated with several physicians in Pennsylvania. She underwent additional diagnostic testing and two bouts of physical therapy over the next six months. She claimed treatment alleviated most, but not all, of her back pain. Plaintiff claimed she lost time from work and changed her activities, but did not submit a lost wage claim. Her medical specials totaled approximately $16,000. She asked the jury for $60,000 - $75,000.
The jury deliberated approximately one hour and forty-five minutes and asked several questions during deliberations. They then returned a defendant’s verdict for the insured. Plaintiff’s motion for new trial was denied. Plaintiff did not appeal. |
