Showers v. Aumiller

Defense Verdict

Date of Verdict: Jan. 23.

Court and Case No.: C.P. Synder No. CV-0112-2018.

Judge: Louise O. Knight.

Type of Action: Motor vehicle.

Injuries: Finger, ribs, head injuries.

Plaintiffs Counsel: Olivia Unger Bort, Shollenberger Januzzi & Wolfe.

Defense Counsel: Joseph G. Muzic Jr., The Moyles Muzic Law Firm, Lemoyne.

Comment:

On Nov. 5, 2016, plaintiff Eva Showers, 50, a rural mail carrier, was driving south on Route 522 in Beaver Springs. The front of her sport utility vehicle struck the passenger's side of a vehicle. She suffered injuries to her finger, ribs and head.

Showers sued the driver, Scott Aumiller. She alleged that he was negligent in the operation of a vehicle.

Showers, who was delivering mail at the time, was driving on the berm of Route 522 when she struck Aumiller's vehicle, which was driving north on Route 522 and attempting to turn left into a parking lot. Showers' counsel argued that Aumiller caused the accident by turning in front of Showers improperly.

The defense maintained that Showers was contributorily negligent. Since Showers was driving off the road at the time of the accident, Aumiller did not see her before he initiated his left turn; therefore, it was Showers' duty to yield to Aumiller.

Showers was taken by ambulance to a hospital and was admitted. She was diagnosed with a fracture of her right index finger, bilateral rib fractures, a left knee abrasion, and contusions to her scalp and thorax. Showers' finger was immobilized, and she was monitored for 24 hours. Upon discharge the day after the accident, Nov. 6, 2016, Showers came under the care of her primary care physician and underwent four months of physical therapy for her fractured finger.

She received no further treatment.

Showers' counsel cited her medical records to argue that Showers suffered a serious impairment of a bodily function.

Showers testified that although she has residual stiffness in her right index finger, she made a full recovery from her injuries. She sought to recover a stipulated medical lien of $11,000, plus damages for past pain and suffering.

The defense conceded Showers' injuries but disputed that Showers suffered a serious impairment of a bodily function, since she admittedly made a full recovery.

The parties agreed to have the trial bifurcated. The jury found Aumiller 20% liable and Showers 80% liable.

This report is based on information that was provided by plaintiffs and defense counsel.

—This report first appeared in VerdictSearch, an ALM publication