Copyright 2002 Jury Verdicts Northwest Inc.

Oregon Litigation and Arbitration Reports

CAROLINE STITES V. CLARENCE FARNSWORTH

Case No. 00-2-08746-8

Jury Trial Date: May 29, 2002

Date of Publication: August, 2002

TOPIC: IMPROPER LANE CHANGE (MULTIPLE VEHICLES) — ADMITTED LIABILITY; SHOULDER & NECK INJURIES; TMJ.

RESULT: PLAINTIFF VERDICT for $ 41,965.

INJURY: Facial abrasions and contusions; chest pain. Neck contusion; acute cervical strain. Jaw pain with TMJ strain. Headaches and shoulder pain. Plff treated from 8/1/97-9/26/97 with physical therapy 2 times a week. Plff said it made her worse. Plff treated with her chiropractor, who did not testify. Randy Hewitt, D.C. for a year and a half. She has seen him for neck and head pain occasionally in the past. Then she treated with some chiropractic care in Hawaii in 1999. On 3/18/01 she was again seen by Mr. Tupper who referred her to Dr. Grewe and for an MRI. Dr. Grewe opined that she had a c%-6 disc bulge that was related but was not impinging on the nerve root. Def.’s Dr. Farland opined that due to the huge gap in treatment and the prior history, the current complaints and treatment after 10/98, were unrelated to the accident.

SPECIALS: Med. $ 6,427-$ 7,800; Lost Wages – none; Days Work Lost -3 weeks, but no claim was made; Days in Hosp. – none.

STATE: Washington

COUNTY: Pierce

TRIAL JUDGE: Hon. Douglas Brown

PLAINTIFF ATTORNEY(S): Michael H. Bloom of Bloom & Schuckman (Portland).

DEFENDANT ATTORNEY(S): Patrea Bullock, Allstate Staff Counsel (Tacoma).

SUMMARY: 6/27/97 – Plff, female age 36, unemployed herb and vitamin salesman. At approximately 5:00 p.m. Plff was driving southbound on I-5 in the far left lane near Tacoma, Washington. Def. was also driving southbound on I-5, but in the right lane. Plff contended Def. changed lanes and collided with a second vehicle in the middle and caused the second vehicle to move into the left lane, colliding with a third vehicle, which then struck Plff’s vehicle in the rear.

PLAINTIFF MEDICAL EXPERT(S): Elise G. Tupper (Family Practice) Goldendale; Victor Grewe MD (Orthopedist) Portland.

DEFENDANT MEDICAL EXPERT(S): Joseph McFarland MD (Neurologist) Vancouver.

OFFER: $ 15,187-$ 15,100 inclusive. Def. asked jury for $ 11,000.

DEMAND: $ 43,000-$ 25,000 inclusive. Plff asked $ 278,000.