Trial Magazine

Gerald Barrett, a Kern County, Calif., employee, was driving toward an intersection. He looked into his rearview­ ­mirror while attempting to cross three lanes of traffic. When he looked straight ahead again, he saw Elizabeth Clarke, 51, who was traveling in an SUV 10 feet away. Barrett applied his brakes but collided with Clarke, whose vehicle then rolled over.

Clarke, 51, was later diagnosed with cervical sprain and Barre-Lieou syndrome, necessitating various treatments, including acupuncture, chiropractic therapy, epidural and other injections, and placement of a soft cervical collar. When these treatments did not alleviate her symptoms, she underwent platelet rich plasma therapy.

Clarke sued Barrett, alleging he failed to keep a proper lookout. Suit also claimed that the county was liable for its employee’s negligence. The defense admitted liability but disputed the plaintiff’s damages and medical expenses.

The county settled for $10,000 before trial. The jury awarded about $898,100 plus postjudgment interest and costs, bringing the total to about $985,900.

Citation: Clarke v. Barrett, No. S-1500-CV-282587 SPC (Cal. Super. Ct. Kern Cnty. May 12, 2016).

Plaintiff counsel: AAJ member Philip W. Ganong, Bakersfield, Calif.

Plaintiff expert: Jesse Wobrock, accident reconstruction, Atascadero, Calif.