David Baugher//July 3, 2023//
A woman injured in a collision with a man who fled the scene of the accident won a $500,000 award from a St. Louis County jury.
“We alleged that she had a mild traumatic brain injury as a result,” said plaintiff’s attorney Tarun Rana of Rana Law Group. “The defense basically argued that she got better in six months when she was released from care and made a full recovery.”
In December 2015, motorist Jacob Rice rear-ended plaintiff Elisabeth Erickson. Rice, who fled into his home but later surrendered himself to police, ultimately pled guilty to leaving the scene of the accident. A police report identified an odor of marijuana from his car, though no charges were filed related to potential impairment.
Rana said his client, a college professor, suffered cognitive impairment from the crash.
The matter was originally tried in 2019, resulting in a $530,000 verdict, which included $30,000 in punitive damages. However, the judge ordered a new trial because the compensatory and punitive portions weren’t bifurcated into separate phases.
Rana said the punitive count was later dropped and the main issue was the extent of injury.
“I would say that these mild traumatic brain injury cases are tough because the jury really wants to see objective evidence of an injury,” he noted. “We brought in witnesses from her life who confirmed it.”
He said the policy limits in the matter were $100,000. However, the full verdict has been paid.
Jeff Hine of Osburn, Hine & Yates, who represented the defendant, did not return a request for comment.
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$500,000 verdict
Venue: St. Louis County Circuit Court
Case Number/Date: 17SL-CC01957/Feb. 23, 2023
Judge: David Vincent III
Plaintiff’s Experts: Matthew Bayes, St. Louis (medical); Darren Buono (medical)
Defendant’s Experts: David Kennedy, St. Louis (medical); Gordon Sze (medical)
Last Pretrial Demand: $250,000
Last Pretrial Offer: $100,000
Insurer: Progressive Casualty Insurance Company
Caption: Elisabeth Erickson v. Jacob Rice
Plaintiff’s Attorney: Tarun Rana, Rana Law Group, St. Louis
Defendant’s Attorney: Jeff Hine, Osburn Hine & Yates, Cape Girardeau