Julius Summerrow v. Cara C. Welsh

Chattanooga, Tennessee personal injury car wreck lawyer represented the Plaintiff.

On September 30, 2016, Julius Summerrow ("Plaintiff") was driving on Hamilton Place Boulevard in Chattanooga, Tennessee, when Edward Varner ("Defendant"), with his wife as passenger, began to pull out of a mall parking lot. Although the parties' vehicles came into contact, the parties dispute how the accident occurred and the force of the impact. Plaintiff claims to have been "struck by Defendant's automobile coming out of a parking

lot," while Defendant claims that "[Plaintiff's] vehicle struck [Defendant's] vehicle." The photograph of the two vehicles reveals little, if any, property damage to either vehicle, and Plaintiff did not allege any property damage in the complaint.



Shortly thereafter, a police officer, Hunter Morgan ("Officer Morgan"), arrived at the accident scene. It is undisputed that Plaintiff did not report any injuries to Officer Morgan.



Plaintiff claims that the collision caused his shoulder to hit the "steel railing" inside his vehicle between the driver's door and the left rear door behind his seat. According to Plaintiff's testimony, he began to feel pain in his neck and left shoulder the morning after the accident. That night, he went to the emergency room, where he received an X-ray and was advised to seek treatment for his pain. In the years following the accident, Plaintiff sought treatment for his neck and shoulder from various medical professionals, including a chiropractor, Dr. Chancey Mason ("Dr. Mason"), and multiple orthopedic physicians, one being Dr. Peter Lund ("Dr. Lund"). He also underwent physical therapy.



On August 28, 2017, Plaintiff commenced this negligence action against Defendant in the Circuit Court for Hamilton County. In his complaint, Plaintiff alleged that Defendant operated his vehicle with negligent disregard for the safety of others and that Plaintiff "suffered personal injuries and medical expenses, chiropractic expenses, pain and suffering, loss of enjoyment of life, travel expenses for treatment, and permanent impairment" as a result of the collision. He further claimed that Defendant had violated Tennessee Code Annotated §§ 55-6-131 and 136, which violations constituted negligence per se. Plaintiff requested a jury trial and a judgment against Defendant in the amount of $200,000. In November 2017, Defendant filed his answer denying any liability.



The trial in this case took place on February 14 and 15, 2023, before a panel of twelve jurors. At trial, the jury heard live testimony from Plaintiff, Defendant's widow- Fran Varner ("Mrs. Varner")-who was riding in the car with Defendant on the day of the accident, and Officer Morgan. The jury also heard the deposition testimony of Dr. Mason and Dr. Lund, both of whom treated Plaintiff, as well as the deposition testimony of Dr. David West ("Dr. West"), an orthopedic surgeon who was called to testify as an expert witness by Defendant.



Plaintiff testified that he was "driving on the back side of Hamilton Place" when Defendant's vehicle pulled into his lane of travel and hit his passenger's side fender. Plaintiff testified that the impact from the collision caused him to move to the left and knock his shoulder into "the part of [his] car that separates the front seat from the back seat." Plaintiff testified that he had been following the speed limit and "keeping his eyes on the road[,]" but that he had not seen Defendant's vehicle and had not hit his brakes prior to the collision.



Mrs. Varner testified that it was Plaintiff's vehicle that "bumped" Defendant's vehicle. She stated that Defendant had begun to pull out of the parking lot after looking both ways and seeing that the road was clear, but that "out of nowhere, he saw [Plaintiff's] car coming" and came to a complete stop. After Defendant stopped, Mrs. Varner testified that "[Plaintiff's] vehicle touched [Defendant's] bumper."



Officer Morgan testified that, when he arrived at the scene of the accident, the parties' vehicles were corner to corner with "[Plaintiff's] front passenger's corner to [Defendant's] front driver's bumper." He also testified that he had noted only minor damage to the front bumpers of both vehicles.



With regard to his medical history prior to the accident, Plaintiff testified that he had previously suffered a rotator cuff injury to his right shoulder while working as a boilermaker. On cross-examination, Plaintiff initially testified that he had never experienced neck problems prior to the September 2016 accident, but on cross examination by defense counsel, Plaintiff admitted that he had previously dealt with neck problems "off and on."



Dr. Mason and Dr. Lund both testified that, during the course of Plaintiff's treatment, he had informed them that the pain in his neck and left shoulder began after the September 2016 automobile accident. While Dr. Lund was aware that Plaintiff had experienced problems with his right shoulder in the past, Plaintiff "attributed the symptoms in the left shoulder to the accident that he had been in." Based on the history provided to them by Plaintiff, both doctors stated that they believed Plaintiff's injuries to have been caused by that accident.[2] However, Dr. Mason testified that Plaintiff had not informed him that he had been experiencing neck pain prior to the accident, and when asked whether his opinion regarding the cause of Plaintiff's injuries could change if Plaintiff had previously experienced neck pain, Dr. Mason replied that "it could."



After reviewing Plaintiff's X-rays taken at the hospital the day after the accident, Dr. West testified that they showed "an underlying condition" of "pre-existing cervical spine degenerative disc and degenerative joint disease" that likely "would have nothing to do with this type of motor vehicle accident."

Defendant's verdict.



Affirmed on appeal.