We Recovered Lost Earnings in Addition to Recovering Medical Expenses • DENENA | POINTS

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We Recovered Lost Earnings in Addition to Recovering Medical Expenses

DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

Facts

On July 21, 2006, Plaintiff Deborah Greenwood, 41, was driving westbound, in the left lane, on Polk Street in Houston. It was morning rush hour traffic and she was in a 2003 Lexus GX470 sport utility vehicle. Seymour Stewart was in the second lane from the left, just to Greenwood’s right, in his Toyota Tacoma pickup. As the two approached the intersection of Polk and LaBranch, the traffic light was green. Stewart turned from the second lane into the left lane and the left front bumper of his truck collided with the right front wheel of Greenwood’s SUV, causing her to veer to the left into an adjacent parking lot at the southwest corner of the intersection.

Greenwood sued Stewart for negligence, failure to drive in a single lane, making an unsafe left turn, and not keeping a proper lookout before changing lanes.

Greenwood maintained that prior to the collision, she was proceeding straight through the intersection toward her parking garage, which was on the left side of Polk three blocks ahead.

Stewart admitted he was trying to turn left onto LaBranch to enter a parking lot at the southwest corner. He claimed he was merging into the lane and Greenwood was traveling at a high rate of speed, which was why he did not see her before impact. He alleged Greenwood was going 70 mph at the time of the collision.

Injuries/Damages

Greenwood went to the hospital the day of the accident. She claimed head, neck, and shoulder pain, and followed up with her family physician the next week. Her physician referred her to an orthopedic surgeon who recommended physical therapy. She underwent physical therapy for six weeks before prematurely ending it due to an out-of-state family emergency.
The defendant’s expert, a board-certified orthopedic surgeon, testified in deposition that Greenwood’s medical care was unreasonable and unnecessary. However, under cross-examination during deposition, the expert admitted it was within the medical standard of care to order physical therapy and a cervical MRI given Greenwood’s injury complaints. At trial, the defendant decided not to call the expert to testify.

Result

The jury returned a verdict for the plaintiff and awarded her $25,000.
Deborah Greenwood:
$7,500 past medical cost
$5,000 past physical impairment
$5,000 past lost earnings
$7,500 past pain and suffering
Demand: $16,500
Offer: $5,700