Plaintiff wins $1M verdict despite barely damaged car, treatment gaps

Jurors returned a $1 million verdict for injuries suffered in a car accident that barely left scratches on the plaintiff’s 2011 Toyota Prius.

“The bumper wasn’t even dented, so that was a big hurdle for us, something we knew would be a big issue,” said Joshua Myers of Schultz & Myers. “That was kind of what the defense really tried to make their case about was the old argument that if the car is not hurt, then the person can’t be hurt.”

But Myers said that his client, Ashli Friemon, did indeed sustain significant injuries to her neck after being struck from behind in traffic by defendant Leonard Bain.

“The next morning she woke up and was kind of sore and achy in the neck and back,” Myers said. “So she went to her primary care doctor and followed up within a week and treated for a handful of times over the next two months, then kind of just stopped.”

About a year later, she visited her physician for ongoing pain, Myers said. Ultimately, roughly four years after the crash, she had surgery, a step Myers said she put off due to fears related to the medical procedure.

He said the defense questioned whether the accident was linked to her back and neck issues given so many gaps in treatment. An early MRI taken by her chiropractor, however, showed evidence of edema at the injury site just after the collision.

“Her doctor said that edema is kind of like a bruise, and it only lasts for a couple of weeks after an event,” said Myers. “That was the big piece of evidence that allowed us to argue to the jury that this all related back to the crash.”

Myers said the defense introduced photos of the relatively undamaged car as well as pictures from Facebook showing Friemon at various events such as a concert. Myers said he spoke with jurors afterward, and they did not believe the social media images were particularly relevant.

Myers said the judge directed a verdict for the plaintiff on the issue of liability.

Gary Wiseman of Rouse & Cary represented the defendant. Wiseman could not be reached, and his office said he was on leave. A message left at the office to seek comment from other attorneys was not returned.

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