15-Year-Old Hurt Arm In Accident Lost 50 Percent Range Of Motion

From the December 20, 1999 Missouri Lawyers Weekly.

The plaintiff was a 15-year-old boy who was injured in a car accident He sued the driver of the car he was riding in. The accident happened on June 18, 1997. The plaintiff was a backseat passenger in the defendant’s car, which was westbound on Farm Road 94 near the intersection with Farm Road 53. As the car reached the intersection, a truck pulled from Farm Road 53 onto 94 in front of the car, which struck the truck, skidded out of control and rolled over into a field. The plaintiff suffered an open comminuted angulated fracture of the left elbow and forearm. His elbow was later surgically reconstructed with pins and plates. In addition, his ulnar nerve was damaged, resulting in a loss of use of two fingers of his left hand and a loss of grip strength. His range of motion was reduced by approximately one-half in all directions. Based on Veteran’s Administration figures, he claimed future lost wages of between $708,000 and $780,000. The plaintiff settled with the other driver for $50,000. Before suit was filed, he offered to settle with the defendant’s carrier for the policy limits of $25,000, but the offer was refused. After suit was filed, he refused to accept the policy limits. At trial, he claimed the defendant was driving 74 mph in a 45 mph zone as he approached the intersection and could have avoided the accident if he had ben driving the speed limit. The defendant claimed the accident happened because the other driver failed to yield.

Type of Action: Negligence
Type of Injuries: Comminuted elbow fracture, permanent disability, disfigurement
Special Damages Claimed: $83,000 past medical expense, $708,000 to $780,000 future lost wages
Verdict or Settlement: $2 million verdict
Allocation of Fault: 100 percent to defendant
Last Offer: $25,000
Last Demand: $800,000
Attorney for Plaintiff: Steve Garner, Springfield