Carolinas Verdicts

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Auto Accident – Intersection – Traffic Light

Amount:

$150,000

Type:

Verdict-Plaintiff

State:

South Carolina

Venue:

Charleston County

Injury Type(s):

chest-fracture; rib
abdomen shoulder

Case Type:

Motor Vehicle –

Case Name:

William B. Mellette, et al. v. Crystal N. Rabon

Date:

January 10, 2013

Parties

Plaintiff(s):

William B. Mellette, et al. (Male, 59 Years)

Plaintiff Attorney(s):

Henry Grimball;
;
Charleston,
SC,
for
William B. Mellette, et al.

Defendant(s):

Crystal N. Rabon

Defense Attorney(s):

Benjamin B. Davis;
;
Charleston,
SC,
for
Crystal N. Rabon

Insurer(s):

Allstate (UIM)

Facts:

A Charleston County jury awarded $150,000 in actual damages to a motorist claiming significant injuries following an intersection collision. The jury declined to award punitive damages or damages for loss of consortium. Plaintiff William Mellette was traveling northbound on S.C. Highway 171 on August 30, 2010. Defendant Crystal Nicole Rabon, who was traveling westbound on Charles Towne Landing Road, attempted to make a left turn onto Highway 171 and collided with plaintiff’s vehicle. The intersection was controlled by a traffic light. Plaintiff’s vehicle was totaled. Plaintiff alleged that the accident occurred when defendant failed to yield the right-of-way and attempted to make a left turn against a red light. Plaintiff also claimed that defendant failed to properly maintain her brakes. Plaintiff sustained multiple orthopedic fractures and a blood clot in his lung; he also had blood in his urine. He sought economic, non-economic and punitive damages. His wife sought damages for loss of consortium. Defendant contended that plaintiff was comparatively negligent and that any injuries and/or damages were due to and caused by plaintiff’s own negligence . Defendant disputed that plaintiff was entitled to punitive damages, or that his wife was entitled to loss of consortium.Plaintiff was a 69-year-old married male.

Injury:

Five fractured ribs, left shoulder fracture, a blood clot in the lungs, and blood in the urine. Plaintiff was admitted to the hospital, followed by admission to a rehabilitation facility. Plaintiff claimed a permanent impairment. He sought past and future medicals, lost wages, and damages for pain and suffering. His spouse sought damages for loss of consortium. There was also a property loss claim for plaintiff’s vehicle, which was declared a total loss.

Result:

$150,000 for actual damages. The jury declined to award punitive damages, or damages for loss of consortium.

Trial Information:

Judge:

Stephanie P. McDonald