Vanessa Kotrulja v. Gary Dean McCuistion; 2012 Jury Verdicts LEXIS 9085

       On Feb. 12, 2009, plaintiff Vanessa Kotrujla, 29, a sales manager, was a passenger in a car being driven west on South Sam Houston Toll Road in Houston when she was involved in a collision with a car driven by Gary McCuistion. Her car was subsequently involved in a collision with a third car. She claimed a neck injury. Korujla sued McCuistion, claiming the driver of her car slowed for traffic when McCuistion failed to keep a proper lookout or control his speed and collided with her car, pushing it into the rear of the car ahead of it. McCuistion denied negligence.

     Kotrujla claimed a 2-mm focal herniation at C3-4. She claimed that she will require painkiller treatment for the rest of her life. She sought $200,000 for past and future pain and suffering, physical impairment and medical expenses.

     Defense counsel argued that the impact was not serious enough to have caused the claimed injury. Defense counsel argued that Kotrujla's injuires were a preexisting condition and that her claimed medical expenses were unecessary and excessive.



Plaintiff Amounts:

(Vanessa Kotrulja)
   $16,500 Personal Injury: Past Medical Cost
   $42,000 Personal Injury: Future Medical Cost
   $5,000 Personal Injury: Past Physical Impairment
   $20,000 Personal Injury: Future Physical Impairment
   $3,000 Personal Injury: Past Pain And Suffering
   $5,000 Personal Injury: Future Pain And Suffering

TOTAL VERDICT: $91,500.00