Jury awards driver ‘compromise’ verdict for crash

A driver injured in a traffic accident will take home $50,000 thanks to a plaintiff’s verdict by a Jefferson County jury.

Millis Don Massey had a green arrow as he turned left onto Interstate 55 from eastbound Highway 141 in Jefferson County, said plaintiff’s attorney Jill S. Bollwerk. Kenneth Sumner, 80, ran a red light and hit Massey’s vehicle while driving westbound on Highway 141, Bollwerk said.

Massey alleged a herniated disc and sprained wrist in the accident and was treated with both physical and chiropractic therapy. He filed suit against Sumner in connection with the incident on Dec. 12, 2015.

“Basically, the case was fought on damages more than liability,” said Bollwerk. “Basically, they contended that my client overtreated with a chiropractor.”

She said the defense also argued Massey was doing well and hadn’t had recent medical attention. Bollwerk said his last treatment was approximately two years ago, although he still suffers daily pain, which he manages through home exercise. The chiropractor testified that the herniation could exacerbate any future discomfort.

Massey had a record of pre-existing chiropractic treatment for low back and neck issues.

“We didn’t dispute that he had back pain in the past,” she said.

The verdict was for the policy limits. Bollwerk said she didn’t speak to jurors after the fact, but she said she suspected there may have been differences in the jury room based on their facial expressions after the verdict.

“I think there were some jurors that probably wanted to give him more and some wanted to give him less, and it was a compromise,” she said.

Stephen Wilke of Wilke & Wilke represented the defense in the matter. He declined to comment.