Date: 04-21-2003

Case Style: Smith v. Walker

Case Number: CJ-01-53

Judge: Sandy Crosslin

Court: District Court, Cherokee County, Oklahoma

Plaintiff's Attorney:

Tim K. Baker, Tahlequah, Oklahoma

Defendant's Attorney:

Wm. Baron VanBurkleo, Tulsa, Oklahoma

Description: Automobile accident - Plaintiff was SB on State Highway 10 in Tahlequah and stopped at a yield sign at the intersection of SH 10 and US 62. The Defendant came up behind the Plaintiff and stopped as well. The Plaintiff began to go and the Defendant looked left for oncoming traffic. At that time, the Plaintiff stopped for an oncoming truck and the Defendant failed to stop and struck Plaintiff in the right rear.

Plaintiff Barbara Smith claimed neck and back strain/sprain-type injuries which she said have not resolved. Plaintiff Jerry Smith (minor child)claimed neck strain/sprain-type injuries which he said have not fully resolved. Plaintiff Matthew Jewel (minor child)suffered neck strain/sprain-type injuries which have resolved.

Plaintiff Barbara Smith treated with chiropractors Robert Mitchell for one visit and Christian Abels for over 100 visits. She also saw Dr. Grooms, an orthopedic surgeon in Muskogee, for one visit. Her total medical specials were approx. $5450. Plaintiff Jerry Smith treated with chiropractors Robert Mitchell for one visit and Christian Abels for over 60 visits. He also saw Dr. Grooms, an orthopedic surgeon in Muskogee, for one visit. His total medical specials were approx. $2550. Plaintiff Matthew Jewel treated with chiropractors Robert Mitchell for one visit and Christian Abels for over 20 visits. His total medical specials were approx. $1065. Defendant admitted fault but contested damages and offered $4500.00. Plaintiff demanded $30,000.00.

Outcome: Plaintiff's verdict for $19,300.00

Plaintiff's Experts: Christian Abels, D.C.

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

Comments: Wm. Baron VanBurkleo