PLAINTIFF: Mary Julia Martin

DEFENDANTS: Armenda Nicole McElroy and Jean McElroy

CASE NUMBER: 48584

JUDGE: William P. Adams

TYPE OF CASE: Motor Vehicle Collision - July 3, 1998

VERDICT: Plaintiff - $80,000

TRIAL DATE: December 19, 2002

CLAIMED MEDICAL EXPENSES: $5,439.91

CLAIMED LOST WAGES: None

INSURANCE CARRIERS: Allstate - Liability Coverage of $15,000

State Farm - Uninsured Motorist's Coverage

LAST PRETRIAL OFFER/DEMAND: $8,500/$15,000 (as to Allstate)

PLAINTIFF'S ATTORNEY: Carl Reynolds and O. Wendell Horne

DEFENDANT'S ATTORNEY: Sonja B. Profit and Mary Katz

OTHER INFORMATION:

Plaintiff was rear ended on Eisenhower Parkway by Defendant Armenda McElroy, who was driving her mother's car under the family purpose doctrine. The defense admitted negligence. Plaintiff is the housekeeper for Kathy McArthur and was driving Ms. McArthur's car at the time of the event. She was shook up but was able to drive her car home from the scene of the accident. Upon her return to work three days later, Ms. McArthur recommended she go see Dr. Steve Barnes, who she first saw on July 10, 1998. He prescribed physical therapy and some months later diagnosed a ruptured disc following an MRI exam. Dr. Barnes never recommended surgery, but did testify she would have some ongoing problems. Plaintiff, who was 53 years old at the time of the accident, was diagnosed with degenerative disc disease but she was asymptomatic prior to this accident. Plaintiff's case consisted of the testimony of herself, her daughter, Kathy McArthur, and the video tape deposition of Dr. Barnes. The defense presented no evidence.