$737K Rear-End Collision

$737,500 VERDICT IN REAR-END COLLISION

SUMMARY: A Monroe County jury in Clarendon, Arkansas, awarded Barbara Tinsley, aged 40, of Alpena, Carroll County, Arkansas $737,500.00 in damages sustained in a rear-end collision accident which occurred on October 11, 1996.

The defendant in the case was Flower Distributors, Inc. d/b/a Southern Wholesale Florists, Inc., of North Little Rock. The jury verdict followed two days of trial.

At the beginning of the trial, Flower Distributors admitted liability for the actions of their delivery driver, Daniel Opthoff. Witnesses testified that Opthoff struck the rear of the Tinsley vehicle as it was stopped waiting to turn at Highway 79 and 5th Street in Clarendon. Opthoff, though a defendant in the case, did not appear at trial.

Tinsley asked the jury for damages related to two ruptured disks and an impairment rating from her orthopedic surgeon.

CASE NAME / NUMBER:Tinsley V. Flower Distributing, Inc., D/B/A Southern Wholesale Florists; Monroe Circuit # 99-68(Y)

COURT: Hon. Harvey Yates, Circuit Judge

DEMAND: $350,00

OFFER: $0

VERDICT: $737,500

EXPERTS: Dr. Harold Chakales testified concerning Orthopedic injuries, ruptured discs and future surgery, assigning a 25% impairment; Dr. William Ackerman testified as to chronic pain syndrome and Dr. Charles Venus, a consulting economist, testified as to lost future wages and future employability.

DATE TRIED: The case was tried to a jury April 9-10, 2002.

REPORTING COUNSEL: Morgan "Chip" Welch and Darryl "Chip" Baker, of Eubanks, Welch, Baker & Schulze of Little Rock.

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