Date: 04-13-2004

Case Style: Lowther vs. Howard Troutt, a Bankrupt individual, Elliott Truck Line, Inc. and Great West Casualty Company

Case Number: CJ-2001-109

Judge: John Maley

Court: District Court, Creek County, Bristow Division, Oklahoma

Plaintiff's Attorney:

Kenneth E. Adair, Norman, Oklahoma and Jim Lloyd and Nancy Lloyd of Lloyd & Lloyd, Sand Springs

Defendant's Attorney:

W. Wayne Mills of The Mills Law Firm, P.C., Oklahoma City, Oklahoma for Defendant Great West Casualty Company and Elliott Truck Line, Inc.

Frank Austin of Niemeyer, Alexander, Austin & Phillips, Oklahoma City, Oklahoma for Elliott Truck Line's driver, Howard Troutt

Description:

Truck collision on I-44 in Creek County, Oklahoma, at 4:30pm on August 12, 2001. Trucker rear ended Plaintiff causing a T-12 compression fracture to thoracic back and occult fracture to left elbow requiring a sling. Plaintiff had back surgery 2 years after truck wreck which was linked to defendants negligence. At mediation, defendant's vice president with Great West Casualty authorized a top offer of $125,000.00. It was pointed out that back surgery would be necessary, but the insurance company discounted that probability as medicals then were almost $50,000.00. At trial the medicals totaled $150,000.00. The jury received a directed verdict on liability and the court refused to allow evidence of punitive damages. The defendants were allowed to introduce all "collateral sources" used by plaintiff.

Outcome: The verdict was 10-2 for $1.51 Million. Truck driver filed for bankruptcy and received a Bankruptcy Discharge concerning this wreck. Defendant Great West Insurance Company paid pre-judgment and post-judgment interest, costs, and attorney fees of $1,761,136.29 by directly wiring the funds from the company's comptroller/Treasurer's office to the Lloyd and Lloyd law firm's trust account.

Plaintiff's Experts: Dr. Stephen Gaede, MD, Tulsa, OK (orthopedic surgeon)and Dr. Jack Brown, MD, Sand Springs, OK (podiatrist, general practice).

Defendant's Experts: Dr. Randall Hendricks, MD, Tulsa, OK (orthopedic surgeon)

Comments: Reported by Jim Lloyd, phone: 918-246-0200