R. Gregory Lewis (Charlotte, NC)(Auto Liability) obtained a Defense Verdict on behalf of client GEICO in a 3rd party motor vehicle negligence liability action brought by Plaintiff against GEICO’s insured in a jury trial that took place in Asheville, North Carolina (Greg’s hometown). Plaintiff alleged that Defendant failed to keep a proper lookout and failed to reduce speed to avoid colliding at 45 mph with the rear of a vehicle that was pushed into the rear of Plaintiff’s vehicle which was a total loss. Plaintiff alleged as a result she suffered a cervical herniation, thoracic sprain, and exacerbation of a pre-existing lumbar herniation, requiring EMS and ER treatment the day of the accident. She returned to the ER 5 days later complaining of abdominal pain. She next retained counsel, who referred her for chiropractic care and subsequently Plaintiff was referred by her attorney to a pain management doctor, who performed multiple cervical epidural steroid injections, and a cervical radiofrequency ablation. The pain management doctor testified as an expert for Plaintiff and causally related all of the treatment over the course of 2 years, and approximately $60k in associated medical expenses (all of which were subject to liens and letters of protection). He forecast future medical expenses (unspecified) for continuing care and a spinal cord stimulator. Defendant alleged that she suffered a syncope episode where she passed out while driving on her way to get takeout dinner after she and her husband had been painting a bathroom all day. North Carolina recognizes a defense of sudden incapacitation. Regarding damages, the defense obtained an independent medical record review by an orthopedic surgeon, who opined that “Giving her the benefit of the doubt, Plaintiff suffered a Grade 1 cervical strain that would have resolved without treatment.” He testified that based on her medical and psychological history, the jury could consider symptom magnification, exaggerated pain behavior, and secondary gain. He further testified she “has the capacity to really falsify and be inaccurate on her interpretation of life and what’s going on” and has “the capacity to also alter reality.” The jury deliberated for 2.5 hours.
Pre-suit & mediation demand: $100k (policy limit)
Verdict: $7,676.00 (EMS & ER charges)
Based upon the cost-shifting provision of North Carolina’s Offer of Judgment statute, Plaintiff’s judgment for principal, interest, and pre-Offer costs (total of $9175.94) will be offset by Defendant’s costs ($7308.31), with a net to Plaintiff of $1867.63. Plaintiff’s unrecoverable costs, exclusive of the $60k liens, are in excess of the recovery amount.