



This case involved a rear-end collision which occurred on June 25, 2004. At that time, the Plaintiff was a 28 year-old member of the United States Navy who was a passenger in a fellow worker’s pickup truck. He was rear-ended with sufficient force to cause his head to break out the rear window of the pickup truck. He was treated conservatively by Navy health care providers for low back pain.
On October 15, 2004, the Plaintiff was involved in a one car collision which was his fault. The property damage in collision #2 was significant, but he reported no low back pain as a result of this accident.
Thereafter, he treated for approximately two years for his low back pain. All of this treatment was conservative and his medical expenses totaled approximately $5,000.00.
Allstate Insurance Company took the position that collision #2 was a contributing factor to the Plaintiff’s medical care and treatment. On the morning of trial, because Allstate had no expert evidence to link collision #2 to the Plaintiff’s low back complaints, the trial court excluded any reference to collision #2.
Thereafter, the case was tried by a jury on the facts of collision #1 only.
The highest offer Allstate Insurance Company made prior to the trial was $6,500.00. On the morning of trial, the Plaintiff’s demand was $15,000.00.
The jury returned a verdict in favor of the Plaintiff for the amount sought in closing argument, $75,000.00. Since that time, Allstate has paid its policy limits of $50,000.00 in return for a release from the Plaintiff.
Plaintiff’s Attorneys: James C. Lewis, Virginia Beach, VA
James M. Boyd, Norfolk, VA
Awarded: $50,000.00
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