Alan Scher Zagier//January 27, 2021//
Alan Scher Zagier//January 27, 2021//
A southern Missouri jury sided with a 40-year-old Cabool man sued by a Neosho woman and her business partner whose vehicle was struck in the rear after they pulled over for a passing ambulance.
Ramesh Moorjani, 62, and Natalie Davenport-Hernandez, 44, sued Jeffrey Glenn Watts in Wright County Circuit Court after the collision in 2016, which happened shortly after 10 p.m. on westbound U.S. Route 60 near Mansfield.
Springfield defense attorney David Adair said the two were returning to southwest Missouri from a Florida trade show when they pulled onto the shoulder to make room for an ambulance that had activated its emergency lights and siren.
After they returned to the highway, their 2016 Dodge Caravan was hit from behind by a 2011 Ford F-150 driven by Watts. Moorjani’s injuries included a herniated disc at L5-S1, while his passenger’s post-crash injuries included nerve damage and lower-back pain.
A witness driving on eastbound U.S. 60 told the Missouri State Highway Patrol and later testified that Moorjani “pulled out in front” of the other car without yielding. The two plaintiffs testified that they had been behind the ambulance for two to three minutes before being hit.
The plaintiffs’ attorney, Patrick Martucci, is seeking a new trial. In part, his motion challenges defense comments about Moorjani’s appearing from his home in Dubai via Zoom link that Martucci alleges were prejudicial to his client.
Moorjani had testified remotely on doctor’s orders as a concession to the COVID-19 pandemic. In addition, the jury pool initially assembled at a church before the chosen jury was summoned to the county courthouse.
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Defense verdict
Motor vehicle collision
Venue: Wright County Circuit Court
Case Number/Date: 17WR-CC00020/Oct. 29, 2020
Judge: R. Craig Carter
Plaintiffs’ experts: Michelle Beach, Pleasant Hope (accident reconstruction); Tanya Rutherford Owen, Fayetteville, Arkansas (life-care planning); Dr. Ted Lennard, Springfield Neurological and Spine Institute (medical-diagnostic specialties); Dr. Brian Ipsen, Galena, Kansas (medical-diagnostic specialties)
Special damages: Davenport-Hernandez: $47,166.58 in medical bills, including $11,922 owed. Moorjani: $6,339 in medical bills, including $3,500 paid and $53,249.99 in future medical expenses.
Last pretrial demand: $99,000 for each plaintiff
Last pretrial offer: $29,800 for Moorjani, $37,250 for Davenport-Hernandez
Insurer: State Farm Insurance (for Watts)
Caption: Ramesh Moorjani and Natalie Davenport-Hernandez v. Jeffrey Watts
Plaintiffs’ Attorneys: Patrick M. Martucci and Joshua Glenn Decker, Johnson, Vorhees & Martucci, Joplin
Defendant’s Attorney: David Adair, Haden, Cowherd & Bullock, Springfield