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Plaintiff Awarded Damages in Admitted Liability Crash Case


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11/9/2010
Brent Adams
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A woman heading home from vacation was allegedly injured when the vehicle she was involved in an intersection collision. Plaintiff, Earnestine Midyette from Beaufort County, NC was a passenger in a vehicle, which was driven by her husband. They had been on vacation at the beach and were on their way home. Upon entering an intersection, they were struck by a vehicle driven by the Defendant William Neff. The impact was on the passenger side of the plaintiff’s car. Mr. Neff admitted he ran the red light at the intersection and caused the accident, but disputed the extent of injuries claimed by Mrs. Midyette.

The plaintiff alleged she sustained serious soft tissue injuries as a result of the impact, leaving her with ongoing complaints and stiffness and radiating pain into her arms and legs. She treated her injuries to the date of trial and claimed that future cervical and lumbar fusion surgeries were anticipated. Mrs. Midyette sought past and future medicals, past lost wages and non-economic damages. Mr. Midyette suffered only minor injuries in the accident.

The defendant said that he had his wife and daughter in the care with him at the time of the crash and no one suffered any injuries. He argued that the plaintiff’s injuries from this accident were minor and any ongoing complaints or need for surgery were likely related to preexisting degenerative disc disease. Mr. Neff suggested that the jury award the plaintiff only $60,000 in damages.

Mrs. Midyette was a married female in her 50’s who managed her spouse’s hardware store. The plaintiff was divorced by the time of trial and working in another capacity. Mrs. Midyette asked for $400,000, but Judge Marvin Blount awarded her only $76,000 on April 9th of this year.



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