Burress Law wins $174,678 Stowers Verdict in Dallas District Court.
Verdict: $174,678
Injury: Neck & Back Injuries
Case Description:
Dallas County, Texas
MOTOR VEHICLE
Stop Sign – Motor Vehicle – Intersection – Motor Vehicle – Broadside
Plaintiff claimed neck and back injuries from wreck
Verdict $174,678 verdict for Plaintiff
Agreed Judgment $194,293 ($174,678 + $17,604 pre-judgment interest + 2,011 court costs)
Case Anissa Williams v. Seyed Mostafa Farnia, No. DC-15-12324
Court Dallas County District Court, 116th
Judge Tonya Parker
Date 5/30/2018
Plaintiff Attorney(s)
Jason K. Burress, Burress Law, PLLC, McKinney, TX
Kyle R. Hejl, Burress Law, PLLC, McKinney, TX
Defense Attorney(s)
Rachel L. Wright, Susan L. Florence & Associates, Dallas, TX
Sapna Perera, Susan L. Florence & Associates, Dallas, TX
Facts & Allegations
On May 9, 2014, plaintiff Anissa Williams, 43, an assistant to a university vice president, was driving a Toyota Prius west on Lake Park Way in Richardson. Seyed Mostafa Farnia, in a Toyota Corolla, was on a cross street and stopped at a stop sign at Lake Park Way. Williams did not have a stop sign. Farnia pulled out in front of Williams, who broadsided him. Williams claimed multiple injuries. Williams sued Farnia for negligently disregarding a stop sign, failing to yield the right of way and failing to keep a proper lookout. Farnia stipulated to liability 5 days before trial.
Injuries/Damages
At the emergency room, Williams was diagnosed with a cervical strain only. On November 17, 2014, she saw an orthopedist and a chiropractor and began physical therapy. She was diagnosed with cervical and lumbar strain, and MRIs showed small cervical and lumbar disc bulges and degenerative conditions. She started treating with a chiropractor after the crash but had a gap in treatment from late November until December 19th, 2014. After restarting her chiropractic treatment, she continued until being released in early February 2015. Williams returned to the chiropractor again in late May. She told him that her neck felt better but that her lower back pain was significant. He treated her lower back through April 26, 2016.
Williams’ chiropractor opined that all of the treatment and charges were reasonable and necessary and that the claimed injuries were caused by the crash. He also recommended that Williams undergo additional future chiropractic treatment.
Williams testified that the injuries required her to get a new chair at work so that she could sit for longer periods, as well as a table that went up and down. It was difficult to sit for long periods, which made it hard to enjoy watching her son’s football games. It was hard to stand for long periods, which made it difficult to go shopping and antiquing with her daughter. She also could not work out as before, she said.
Williams sought $36,738.18 for past medical expenses and a little less than $50,000 for future medical expenses. She also sought past lost earning capacity, past and future physical pain, past and future mental anguish and past and future physical impairment. Plaintiff’s counsel asked for a total of $210,000.
The defense highlighted the multiple gaps in treatment. The defense expert, a chiropractor, opined that, based on the gap in chiropractic care after Nov. 25, 2014, the subsequent neck and back treatment was unreasonable and unnecessary. The defense also argued that Williams had degenerative disc disease; that her neck and back injuries from the accident were minor sprains and strains only; and that her mental health problems were entirely pre-existing and unrelated to the accident.
Defense counsel suggested that the jury should award Williams less than $25,000.
Result
The jury awarded Williams $174,678.40 (with interest and recoverable costs, the Agreed Judgment was $194,293 with post-judgment interest accumulating and also a separate motion for costs for more than $9,000).
The verdict was 10 to 2. Both of the dissenting jurors, one of whom was the presiding juror, held out because they wanted Williams to be awarded an even higher amount.
Plaintiff(s)
Anissa Williams
$36,738 past medical cost
$40,000 future medical cost
$20,000 past physical impairment
$15,000 future physical impairment
$25,000 past mental anguish
$22,500 past physical pain
$10,000 future physical pain
$5,440 past lost earning capacity
$174,678 plaintiff’s total award
Demand $50,000 (Stowers)
Offer $24,000 during trial ($17,000 before trial)
Insurer(s)
Allstate Insurance Co.
Plaintiff Expert(s)
Robert Justin Turner, D.C., chiropractic, Richardson, TX
Defense Expert(s)
Nicholas Cantrelle, D.C., chiropractic, Arlington, TX
Plaintiff(s) Demographics
Anissa Williams
Age: 43 Years
Occupation: assistant to a university vice president
Gender: Female