Date: 02-19-2003

Case Style: Cole & Wade v. Quinton

Case Number: CJ-01-347

Judge: J.R. Pearman

Court: District Court, Osage County, Oklahoma

Plaintiff's Attorney:

Scott Jackson, Ponca City, Oklahoma

Defendant's Attorney:

Wm. Baron VanBurkleo, Tulsa, Oklahoma

Description: Automobile accident - This was a rear-end collision in Pawhuska, Osage County, Oklahoma involving two pickup trucks. The Plaintiff's truck was driven by Heather Cole and her mother, Vickie Wade, was her passenger. It was raining at the time of the collision and the Defendant struck the rear of Plaintiff's truck at 5-10 mph. The Defendant admitted fault. Plaintiff's truck suffered some damage to her rear bumper which was settled for approx. $800.00. However, she claimed that the collision also damaged her transmission. The Defendant suffered damage to his truck as the grill popped out and the right front quarterpanel was pushed back into the passenger door.

The Plaintiffs went to their primary care physician about five (5) hours after the collision complaining of neck pain and headache. Dr. Michael Jordan has treated Ms. Wade for about 30 years and he delivered Ms. Cole. He diagnosed acute cervical strain and prescribed medication and P.T. for Ms. Wade. He also diagnosed acute cervical strain in Ms. Cole and prescribed medication. However, as Ms. Cole is younger, he decided to wait and see if Ms. Cole's injury would resolve before beginning P.T. After one week her injury had not resolved so he ordered P.T. for Ms. Cole as well. Ms. Wade had sixteen (16) P.T. visits and was, thereafter, discharged. Ms. Cole had six (6) P.T. visits and was discharged.

Plaintiff Heather Cole claimed medical specials in the amount of $1,454.35. She also claimed lost wages in the amount of $384.58. She also claimed that she continues to have problems with her neck and has seen Dr. Jordan since the collision for prescription pain meds and anti-inflammatories. Plaintiff Vickie Wade claimed medical specials in the amount of $2,692.11. She did not clm any lost wages. She also claimed that she continues to have problems. Ms. Wade has had no additional treatment after her release from P.T.

Defendant admitted fault but contested damages. Defendant had offered to settle for $2900.00. Plaintiff demanded $17,000.00 at trial.

Outcome: Plaintiff's verdict for $11,000.00.

Plaintiff's Experts: Michael Jordan, M.D., family practice, Pawhuska, Oklahoma

Defendant's Experts: Sami Framjee, M.D., orthopedic surgeon/spine specialist, Tulsa, Oklahoma

Comments: Wm. Baron VanBurkleo