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Cromer v. Mulkey Enters. Inc.

Evidence that plaintiff was involved in subsequent accidents supported the jury's finding that her accident involving the defendants was not the proximate cause of all of her claimed injuries.

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Sandra Cromer was injured in a minor car accident in which the person causing the accident admitted responsibility. A jury heard evidence on damages and causation and returned a verdict of $85,000 in favor of Cromer. Despite the victory, she contends on appeal that the verdict was against the weight of, or contrary to, the evidence and that the trial court erred by limiting the testimony of her expert witness.

In April of 1996, in stop-and-go traffic, Cromer was struck from behind in a chain-reaction accident. Jeffrey Cull, driving a truck for his employer Mulkey Enterprises, Inc., failed to brake in time to avoid hitting one vehicle, which then struck Cromer’s car, which, in turn, lightly tapped the vehicle in front of her. The damage to Cromer’s car was estimated at between $600 and $750. Cromer initially sought treatment from a doctor, a massage therapist, and a chiropractor. Eleven months after the accident, Cromer sought treatment from Dr. Plas James, who diagnosed Cromer as having herniated disks in her neck and lower back. James treated Cromer with injections, physical therapy and multiple surgeries for neck and lower back pain. Two years after the accident, Cromer sought treatment from Dr. Rajiv Pandya for right shoulder pain. He diagnosed Cromer with a torn rotator cuff. Cromer had two additional surgeries and physical therapy for that injury. In all, Cromer incurred $222,968 in medical expenses. Both Dr. James and Dr. Pandya concluded that Cromer is permanently disabled and that the cause of her injuries was the accident in question. Cromer also produced evidence of lost past and future income exceeding one million dollars. The jury awarded Cromer $85,000.

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