Type of Action: Automobile Personal Injury
Injuries Alleged: Broken left arm, complex regional pain syndrome type II
Name of Case: Confidential
Court: Hampton Circuit Court
Case No.: CL04-163
Tried Before: Jury
Name of Judge: Judge Taylor
Verdict Date: Jan. 26, 2006
Insurer: Progressive, State Farm, USAA
Attorney for Plaintiff: O.L. “Buz” Gilbert Norfolk
Two defendants, heading in same direction, one trying to change lanes. The defendant in right lane claimed he was trying to get into the left lane and that the co-defendant to his left sped up preventing him from entering the left lane. The other defendant, in the left lane, testified that he sped up in order that the co-defendant could pull into the left lane, so long as it was “behind” him.
Defendant in the right lane lost control of his car and after driving in to a ditch, crossed the road and struck plaintiff’s car head-on. Plaintiff was seriously injured when struck head-on by this defendant.
Defendant in the right lane offered coverage. Defendant in the left lane claimed he was not negligent and was not a proximate cause of the accident. He refused to settle.