Musician gets jury verdict after St. Louis crash

A 2014 car accident has resulted in a quarter million-dollar verdict for the plaintiff although it was reduced by comparative fault.

“My client was adamant that he was stopped at a red light,” said Tom Wilmowski of Schultz & Myers, which represented the plaintiff. “The light turned green. He starts forward and that’s when he gets hit.”

Wilmowski said that defendant Susan Pollman testified that she was unsure what color her light was when she allegedly struck the vehicle driven by Elston Taylor during the former’s left turn at the intersection of Hampton Avenue and Interstate 44 in St. Louis. There were no witnesses to the October 2014 crash.

Wilmowski said that his client’s low back pain ultimately subsided but continuing discomfort in his arms and hands has affected his ability to sit, stand and sleep. The plaintiff’s expert has recommended surgery but the defense expert argued it was not needed.

“My client had had some prior treatment a couple of years earlier but really nothing major. The defense of course jumped on that,” Wilmowski said. “Both doctors agreed that the prior stuff had nothing to do with the need for surgery or the need to not have surgery.”

He said the defense admitted some responsibility but argued that Taylor had not kept a careful lookout.

Medical experts testified via videotape. Medical records were introduced however medical bills were not.

“The jury really latched onto his potential need for the surgery,” Wilmowski said. “That’s really what stuck with the jury – at least from the ones I talked to.”

He said his client was a musician.

“He was concerned that the surgery might affect his vocal cords and his ability to sing,” he said. “It seems like that resonated with several of the jurors.”

Ultimately, jurors found significant damages but gave Taylor 25 percent of the liability.

“It was pretty much just a straightforward case,” said Wilmowski.

Scott Harper of Brinker & Doyen was listed as representing the defendant. He did not return a call requesting comment.