Auto Accident Jury Verdict

Jury Verdict: $3,076,276.83
Believed to be largest personal injury jury verdict in Washington County, Maryland history.

Case Name
Vicki Moore v. Lynn M. Lowery
Civil Case No. 21-C-07-29401MT.

Court and Presiding Judge
Circuit Court for Washington County, Maryland
The Honorable M. Kenneth Long, Jr.

Facts and Injuries
The collision occurred June 12, 2007 at approximately 9:00 p.m. Ms. Lowery, who was driving a Hummer, rear-ended Ms. Moore’s small Mazda pickup truck in the eastbound lanes of Route 40 at its intersection with Edgewood Drive in Hagerstown, Maryland. Ms. Moore’s vehicle was driven into the vehicle in front of hers. Lowery then left the scene of the accident.

Ms. Moore’s head shattered the rear windshield of her truck and then hit the front windshield upon impact with the vehicle in front of hers. Ms. Moore was 53 years old at the time of the collision and her injuries consisted of a brain contusion and post concussion syndrome, as well as severe soft tissue neck and back injuries, all of which her doctor, Susan Brinkley (of Frederick, Maryland) testified were permanent.

Out-of-pocket damages presented at trial included:

1. Property damage $ 3,390.00
2. Past lost wages $ 16,816.40
3. Future lost wages $ 82,261.87
4. Past medical bills $ 32,070.43
5. Future medical expenses $ 226,400.00

Case Outcome
Jury Verdict: $3,076,276.83
Consisting of:

1. Property damage $ 3,390.00
2. Past lost wages $ 16,816.40
3. Future lost wages $ 224,000.00
4. Past medical bills $ 32,070.43
5. Future medical expenses $ 300,000.00
6. Non-economic damages $ 2,500,000.00

Special Remarks
The jury verdict was subsequently reduced to $ 1,256,276.83, due to the statutory provisions of the Annotated Code of Maryland which established an arbitrary, but automatic, cap on non-economic damages of $680,000 for injuries that occurred in 2007.

Mr. Campen believes he has protected the judgment from being discharged in bankruptcy. Bankruptcy laws indicate that debts arising out of one’s driving while under the influence are not dischargeable. Mr. Campen called three witnesses regarding the alcohol issue at trial, one of whom had been drinking with Ms. Lowery for two hours prior to the accident, one who had been an eyewitness and spoken to Ms. Lowery at the scene (and opined she was under the influence) and Ms. Moore, who had known Lowery prior to the collision and to whom Lowery later admitted she had been under the influence and had left the scene to escape arrest. At the conclusion of the Plaintiff’s case, Judge Long granted Ms. Moore’s motion for a directed verdict on both the issue of liability and on the issue of Ms. Lowery driving under the influence. Thus, the jury only had to decide the issue of appropriate compensation due to Ms. Moore.

Mr. Campen asked the jury to send a message to people who drink, drive and cause injuries to others and the jury did that loudly and clearly.

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