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Jonathan Therber v. Jeremy Ratte and Lisa Yankee (car accident resulting in brain injury)
Jonathan Therber v. Jeremy Ratte and Lisa Yankee Summer Circuit No. 18234-C Filed 05/1/98 - Settled 03/10/00
MILD HEAD INJURY WITH TEMPORARY DEFICITS---$70,000 SUMNER COUNTY VERDICT
The plaintiff, a 28-year-old floor manager at Sears, was driving to a funeral along a major thoroughfare in Hendersonville. The defendant pulled out of a restaurant parking lot without yielding the right of way. As a result, the plaintiff collided into the passenger side door of the defendant's car. The plaintiff's head struck the windshield causing a minor laceration that did not require stitches. He was not wearing his seat belt. There was no loss of consciousness or disorientation at the scene. An ambulance transported the plaintiff to a local hospital where he was evaluated and discharged within a few hours.
Over the ensuing months, the plaintiff experienced headaches, mental fatigue, and some memory deficits. Friends and family testified that the plaintiff had difficulty sleeping, working, and communicating for almost two years after the wreck. All diagnostic testing was normal, and his treating neurologist opined that the plaintiff's symptoms would resolve within 18 months. There were no broken bones or lacerations requiring stitches. The soft tissue injury in the neck resolved favorably within six months, after chiropractic treatment. The plaintiff's medical expenses were approximately $4,500.
Prior to the wreck, the defendant had consumed in excess of five beers while washing his car in the hot sun. At the scene, the police officer that investigated the wreck determined that the defendant was intoxicated and arrested him. His blood alcohol content registered (.10), and he ultimately pled guilty to misdemeanor vehicular assault. A criminal records check revealed that the defendant had been previously convicted of four alcohol-related offenses including a previous DUI five years earlier. Witnesses testified that the defendant tried to flee from the scene and gave an alias to the investigating officer. On the basis of these facts, the plaintiff brought a claim for punitive damages.
Although the defendant's insurance carrier admitted coverage for both compensatory and punitive damages up to $100,000, their only offer before trial was $25,000 in compensatory damages and $50,000 in punitive damages for a total verdict of $70,000. In accordance with Hodges, the trial court issued a memorandum opinion approving the verdict. The defendant's insurance carrier paid the verdict within 30 days. Therber v. Ratte, Sumner Circuit No. 18234-C; Clinton L. Kelly TTLA for plaintiff.
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Kelly, Kelly and Allman
629 East Main Street
Hendersonville, TN 37075
Phone: (615) 824-3703
Fax: (615) 824-2674
Toll Free: (888) 824-3400
