Plaintiff Awared Maximum Amount In Hi-Lo Agreement

Brown v. Ayers
$551,000 Verdict

Date of Verdict:        October 16, 2007

Court and Case No.:    C.P. Delaware, 05-51685

Judge:            Kathrynann W. Durham

Type of Action:        Motor vehicle accident

Injuries:        Bruised tibial rubercle; scar on knee; soft-tissue injuries to neck and back

Plaintiff’s Attorney:    Andrew P. Baratta, Baratta, Russell & Baratta, Huntingdon Valley, PA

Plaintiff’s Experts:    Robert Cabry, M.D., Upland, PA

Defense Counsel:    Ann M. Mullen, Twanda Turner-Hawkins, Philadelphia

Comment:

On October 14, 2004, Jayne Brown, 24 and five months pregnant at the time, was involved in a motor vehicle Bridgewater roads in Aston, Pa.  The collision occurred when the defendant, who was driving a large conversion van, turned left in front of Brown.

According to plaintiff’s attorney Adam Baratta, Brown was wearing her seatbelt, but suffered injuries to her knee, neck and back.  Her baby was unharmed.

Brown missed one day of work and went through one month of physical therapy for her neck and back and one month for her knee.  A contusion of the area just below the knee and above the shin developed into recurrent pain.  The condition will continue to cause pain whenever Brown puts pressure on the area by kneeling.  Brown also has a scar on her knee as a result of the injury.

The defendant argued that she was not responsible for the crash and that the plaintiff should have avoided the accident.  The defendant claimed that she had turned left and stopped when traffic in front of her stopped.  She said that her van was out of the intersection and stopped before the collision took place.

The defendant appealed an arbitration panel’s decision to award $40,000 to the plaintiff.  On the eve of trial, the defense offered $25,000 to settle.  However, the lowest amount Brown demanded was $28,500, Baratta said.

Orthopedic physician, Robert Cabry, M.D., who is treating the plaintiff, was the only expert witness in the trial.  His narrative report was read to the jury in place of his taking the stand.

The jury found the defendant 100 percent liable and awarded the plaintiff a sum of $550,000 for past and future pain and suffering, disfigurement and loss of life’s pleasures.  The jury awarded $1,000 to the plaintiff’s husband Bill Brown for loss of consortium.

Because the parties went to trial under $20,000/$60,000 hi/lo agreement, the plaintiff received $60,000.  The verdict was molded to that amount, according the plaintiff’s attorney.  The defense attorney did not immediately return a call for comment.