Pamela Welch obtains verdict for less than offer of judgment in rear-end collision trial04/12/2012
Pamela Welch recently obtained a favorable result in Gebel v. Grondin, Case No. 11JE-CC193, a Jefferson County, Missouri case. Plaintiff was the driver of a GMC Suburban that was rear-ended by defendant's Subaru Outback. Plaintiff was at a complete stop on Old Highway 21 with her blinker on to make a left turn. It was raining at the time of the accident and defendant hydroplaned and was unable to avoid striking the rear of plaintiff's Suburban. Defendant was traveling approximately 50 miles per hour upon impact. Plaintiff claimed a permanent neck injury as a result of the accident and continued medical treatment, up to six injections per year and use of a home cervical traction device several times per week. Plaintiff also claimed $52,000.00 in hired labor as a result of her inability to perform her household chores and work on the farm. Plaintiff's husband also made a claim for loss of consortium. Prior to trial an offer of judgment in the amount of $40,000.00 was made. Plaintiff demanded the $100,000.00 policy limits. The jury returned a verdict for Plaintiff in the amount of $25,000.00 and rejected the husband's loss of consortium claim.