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July 2004

Caption: Evans v. Lund

Court: Circuit Court of Lafayette County, Missouri

Case Number: 02CV184352

Judge: Dennis A. Rolf

Plaintiff’s Experts: John Ward, economist, Dr. Ronald Zipper, orthopedist

Special Damages: $35,000.00 past medical expense, $30,000.00 future medical expense

Insurance Carrier: State Farm Mutual Automobile Insurance

Plaintiff’s Attorneys: James Montee, The Montee Law Firm, P.C.

Dow Evans was injured when the pickup truck he was operating collided with a school bus in Lafayette County, Missouri. The school bus pulled from a stop sign into the path of Mr. Evans’ truck.

Mr. Evans was hospitalized, and upon release was placed in a figure-eight clavicle support and a low back brace. A subsequent MRI revealed a C6 and C7 herniation. Mr. Evans underwent epidural steroid injections and physical therapy. Plaintiff’s medical expert also opined that Mr. Evans will be a candidate for a future arthroscopic shoulder surgery.

Prior to filing suit, Evans made a statutory demand in the amount of $300,000.00. After the case was filed, the defendants made an $80,000.00 offer of judgment. Plaintiff ultimately lowered his demand to $150,000.00, and the defendant made a final offer of $100,000.00

The jury entered a judgment in the amount of $300,000.00, and assessed 90% of the fault to the defendants, resulting in a final judgment of $270,000.00.

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