A Celadon Trucking company driver ran a stop sign and struck Julie Kirsh while she was driving through the intersection with her teenage daughter. Julie sustained injuries to her thumb, knee, neck, lower back, and TMJ and received minimal medical treatment for these injuries in the three months following the collision.
A year after the collision, Julie received significant medical treatment for her injuries, including surgeries on her thumb and knee, and interventional pain relief for her neck, back and TMJ. The case was six years old when it went to trial. Celadon admitted liability three months before trial.
The 8 month gap in treatment was the primary defense, and Celadon’s offer of judgment before trial was the amount of Julie’s medical bills- $75,000. After a three day jury trial in Marion County, the jury returned a verdict for Julie in the amount of $700,000. Celadon appealed the verdict on the grounds that the trial court improperly excluded evidence of plastic surgery treatment Julie received during the 8 month gap in treatment and also argued that the verdict was excessive.
On August 12, 2009, the Indiana Court of Appeals unanimously affirmed the verdict in a non-published decision. Celadon filed a Petition for Rehearing, which was denied.
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