Knee Pain Arose Weeks After Crash

$170,000 Verdict

Jessica Wagoner sued Marvin Fulton for injuries she suffered in an August 2000 automobile accident in St. Charles.

Wagoner claimed that Fulton pulled out in front of her on Highway 94 without warning. She was taken by ambulance to St. Joseph Hospital's emergency room, complaining of neck and back pain. She followed up with her general practitioner, who prescribed a course of physical therapy.

Two months after the accident Wagoner went to Dr. Richard Helfrey for left knee pain. Dr. Helfrey diagnosed a torn ACL. Seeking a second opinion, Wagoner went to Dr. John McAllister, who agreed with Dr. Helfrey and made surgical repairs to Wagoner 's knee.

Fulton contended that Wagoner 's knee injury was not caused by the crash because she had no complaints of knee pain for two months after the accident. In addition, Fulton argued that her injuries should be attributed to two auto accidents Wagoner was involved in after the crash with Fulton.

Following a two-day trial a St. Louis County jury found in favor of Wagoner , assessing her damages at $200,000. After allocating 15 percent of the fault to her, judgment was entered for $170,000. Prior to appeal, Wagoner settled for $100,000 policy limits.

Type of Action: Automobile accident

Type of Injuries: Torn ACL, soft tissue neck injuries, head contusion

Judge, Jury or ADR: Jury

Name of Judge: Larry Kendrick

Verdict or Settlement: $170,000 verdict after allocation of fault

Special Damages: $27,000 medical expense

Last Offer: $20,000

Last Demand: $75,000

Attorneys for Plaintiff: John J. Page, Anderson & Associates, St. Louis

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