Rear-end collision leads to $70K verdict

Heath Hamacher//December 12, 2016//

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An attorney for a woman injured in a rear-end collision said that his client would have settled for $10,000 at mediation, but that the uninsured motorist insurance carrier wouldn’t budge.

On Dec. 1, after a trial that lasted just over four hours from jury selection to verdict, the woman was awarded $70,000.

According to Andrew McCumber of Slotchiver & Slotchiver in Charleston, in April 2014, plaintiff Mandie Miller was stopped in traffic when her vehicle was struck from behind by another vehicle traveling between 55 and 65 mph. The defendant, Lisa Colyar, admitted to being distracted at the time of the crash, McCumber said, copping to adjusting her radio while traveling down the highway.

Miller broke three ribs and dislocated a finger, McCumber said, and now suffers from anxiety and depression because of the wreck. Her medical bills totaled $15,000.

Miller reached a $25,000 settlement with the liability carrier before suing for UIM coverage, McCumber said.

After the setoff, UIM carrier Allstate is liable for a $45,000 judgment.

McCumber said the trial’s success stemmed from its simplicity. The defendant spent less than five minutes on the stand and no medical providers were called to testify.

“While we do believe this verdict is consistent with the overall positive trend we’re seeing for the plaintiffs’ bar in recent verdicts, I think this verdict in particular sent a clear message: Juries will not tolerate distracted driving,” McCumber wrote in an email. “The community (and the carriers) ought to take notice.”

Defendant Colyar’s attorney, Paul Trainor of Hall Booth Smith in Charleston, did not immediately return an email seeking comment.

Follow Heath Hamacher on Twitter @SCLWHamacher

VERDICT REPORT – PERSONAL INJURY

Amount: $70,000

Injuries alleged: Broken ribs, dislocated finger, anxiety and depression