Side Swipe; Personal Injury Auto; Admitted Negligence

Style of Case: Dianne Miller v. Daniel Jolivette
Client:    Daniel Jolivette
Trial End Date:   1/11/2010
Court:    Third Judicial Circuit, Madison County, Illinois
Type of Case:    Side Swipe; Personal Injury Auto; Admitted Negligence
Judge:    The Honorable Tom Chapman
Reed Armstrong Lawyer who tried the case:  Tori L. Walls
Jury Verdict

The plaintiff was travelling eastbound on Interstate 270 near McDonnell Blvd. in Missouri. The defendant was travelling in the same direction in the lane directly left of the plaintiff. While attempting to merge into the lane to his left, defendant noticed a car in his blind spot, causing him to swerve back towards his own lane. When he swerved back, he momentarily lost control of his vehicle and sideswiped the plaintiff’s vehicle. The defendant admitted that the accident was his fault but denied that the plaintiff was injured to the extent claimed. The plaintiff drove herself to the hospital following the accident and was treated and released. She then waited 19 days before seeking treatment with a chiropractor. She treated for 3 months with the chiropractor for what the chiropractor diagnosed as whiplash to her neck and low back. She missed two days of work.

The plaintiff was awarded $13,000 by the arbitrators pursuant to Madison County’s mandatory arbitration system. The plaintiff rejected the arbitration award.

At trial, the plaintiff asked for an award of her medical bills in the amount of $5,775.00, her lost wages in the amount of $230.00, and over $25,000 for pain and suffering and loss of normal life. The jury returned a verdict in favor of the plaintiff in the amount of $7,505.00 ($5,775 medical bills, $1,500 pain and suffering, $230 lost wages, $0 loss of normal life).

Last Demand:    $18,000
Verdict:    $7,505 for plaintiff