Plaintiff was a 54 year old divorced mother of two children, ages 18 and 20, who worked as an accountant for a company in downtown Richmond. Following an accident on June 22, 2007 in which her car was totaled, she suffered vertigo and dizziness, in addition to headaches, collar bone pain and muscle aches. The “jaws of life” were used to extricate plaintiff from her car.
Plaintiff’s treating audiologist determined that she had a pre-existing loss of bone in her inner ear which became symptomatic as a result of the crash. She now suffers from chronic vertigo and dizziness, including visible postural swaying/rocking. With the use of techniques learned in balance therapy, plaintiff has some control of her vertigo and dizziness. However, she will continue to experience problems and episodes of worsening symptoms for the rest of her life.
Liability was admitted by the defendants. Defendants disputed plaintiff’s claim of vertigo and argued that it was unrelated to the accident, despite that fact that plaintiff had no previous problems with vertigo or dizziness. Plaintiff presented live medical testimony from her three treating physicians and a balance therapist.
Following a two-day trial, the jury returned a verdict for $750,000.
Type of action: Personal injury
Injuries alleged: headaches, collar bone pain, muscle aches and permanent/chronic vertigo and dizziness
Name of case: Aylor v. H. J. Holtz & Son, Inc., et al.
Court: Richmond Circuit Court
Special damages: Plaintiff alleged $30,458.92 in medical expenses. Defense disputed these numbers and argued medicals of ~ $7,000. Undisputed - $2,000 in lost wages
Verdict Amount: $750,000
Attorneys for plaintiff: Stephanie E. Grana, Elliott Buckner and Irvin V. Cantor, Richmond
