Successive Auto Collisions: Difficult To Get An Adequate Avard
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A big nightmare for plaintiff's lawyers is having the burden of trying to get an adequate award for a victim of two successive traumatic events (usually arising out of two separate automobile collisions).
It is difficult , if not impossible, to sort out the degree of harm caused by each collision separate and apart from the other traumatic event.
It is unusual for the two separate claims to be tried together.
A recent case in which two separate claims, arising out of two separate and unrelated automobile collisions were tried together before the same jury demonstrates the great difficulty claimants have in these situations.
This case however presented still another very serious impediment to achieving an adequate award. The injured victim died of unrelated causes before the trial. The victim's estate recovered a very small award of $ 900 for each injury for a total of W$ 1,800.
The fact that each defendant had to pay an equal amount ($900 each) shows that the jury had a difficult time accessing damages. They seemed to have arbitrarily decided to treat each defendant equally rather than access the damages separately for each injury.
Janetta Kay Gregory, who died from something unrelated to the auto accidents, filed separate lawsuits against Gale F. Garvin, Jr. and Toby Brewer.
The defendants were ordered to pay $900 each in damages.
The lawsuits claim Gregory was injured on two separate occasions when the defendant's vehicles hit her 1995 Geo from behind at the same intersection in Langley.
On April 22, Garvin was driving a 2003 GMC truck and pulled behind Gregory who was stopped on Highway 28 at the intersection of Highway 82. Testimony said Gregory inched forward then stopped suddenly, and Garvin's truck struck the back of her vehicle.
Gregory went to the emergency room after the accident, but was not treated for any injuries.
The second accident occurred on May 20, 2003, at the same intersection under the same circumstances, but this time, Brewer was driving a truck that hit Gregory's Geo.
Gregory was again taken to the hospital and checked for injuries with x-rays, revealing nothing.
On June 17, Gregory began seeing a chiropractor for injuries she claimed to get from the
accidents.
A lot of testimony was given concerning whether the injury she was being treated for was a previous injury or caused by the accident.
The lawsuit asked for damages not to exceed $10,000.