|Case Studies: Lockerbie|
Lockerbie Case Report Auto Negligence
|BRIEF STATEMENT OF CLAIM: Plaintiffs vehicle was stopped behind a car waiting to turn when it was rear-ended by Defendants vehicle on the afternoon of May 15, 1992 in Chapel Hill. Defendant, operating a vehicle registered to her husbands concrete business, was cited for failing to decrease speed to avoid an accident. The collision was low impact, resulting in little damage to the vehicles. Plaintiffs two children, in the rear seat, were uninjured. Plaintiff struck her head on the steering wheel and had minor injuries to her knees and elbow. She was seen briefly at the ER with arm numbness and later diagnosed with a post-concussive syndrome.
PRINCIPAL INJURIES: Chronic neck pain; severe depression.
SPECIAL DAMAGES: Medical, Physical Therapy, Chiropractic and Psychiatric expenses; lost income.
TRIED OR SETTLED: Settled.
COUNTY WHERE SETTLED: Chatham
CASE NAME AND NUMBER: TERESA M. LOCKERBIE vs. ELLEN TWITTY McCOTTER and McCOTTER CONCRETE CO., INC. (Chatham County File No. 95 CVS 265)
DATE CONCLUDED: December 27, 1996
INSURANCE CARRIER: Penn National Mutual Casualty Insurance Company
EXPERT WITNESSES AND AREAS OF EXPERTISE: Dr. Robert Conder (neuropsychologist); Dr. Tom Giduz (Psychiatrist); Dr. Jeffrey Furman (internist); Dr. William S. Blau (anesthesiologist); Dr. Joe T. Minchew (orthopedist).
ATTORNEY FOR PLAINTIFF: G. Jona Poe, Jr., Durham
ATTORNEY FOR DEFENDANT: David M. Duke, Young, Moore & Henderson, Raleigh
OTHER USEFUL INFO: Plaintiff (a 34 year old divorced, self-employed artist) retained Mr. Poe just prior to the end of the three year statute of limitations for her claim. Previous attorneys had handled her case as a minor soft tissue matter with a settlement value of $15,000.00-$25,000.00. After listening to Plaintiffs complaints of memory loss, inability to concentrate or continue her work as an artist and emotional stress, Mr. Poe referred her to a neuropsychologist and to a psychiatrist for evaluation and treatment. A complaint had to be filed immediately in order to preserve her claim. Plaintiff was also referred to the UNC Pain Clinic and treated withnerve blocks for chronic pain. The primary focus of Plaintiffs claim was her major depression and emotional reaction to her pain, a condition which developed over a long period of time and was difficult to diagnose .