Trial Magazine

A log truck driver for Miller Trucking was on a rural highway on his way to drop off a load of logs. The truck driver, who was talking on his headset, came up behind a pickup truck driven by Rebecca Luke, 58. Luke slowed down, activated her turn signal, and turned right onto a side road. Halfway through the turn, the log truck driver side-swiped the passenger side of Luke’s vehicle.

The next day, Luke went to a hospital emergency room, where she was ­diagnosed as having neck strain. She underwent two years of chiropractic treatment and later consulted a ­neuropsychologist, who ­diagnosed a mild traumatic brain injury and ­post-concussion syndrome. Her medical expenses were $35,000.

Luke sued Miller Trucking, alleging the log truck driver was not paying attention while driving and failed to stop behind her while she was turning. The plaintiff did not claim lost income.

A month before trial, the defense stipulated as to liability but continued to dispute damages.

The jury awarded $1.2 million.

Citation: Luke v. Miller, No. 15-6586-NI (Mich. Cir. Ct. Baraga Cnty. Aug. 10, 2018).

Plaintiff counsel: AAJ member Dominic F. Andriacchi Jr., Ishpeming, Mich.

Plaintiff experts: Marc Edgecombe, accident reconstruction, Grand Rapids, Mich.; Peter Begres, chiropractic care, Iron Mountain, Mich.; Julianne Kirkham, neuropsychology, and Jeanette Tousignant, physical therapy, both of Marquette, Mich.; and Jennifer Place, ophthalmology, Bloomfield Hills, Mich.

Defense experts: Stephen Barron, orthopedic surgery, St. Paul, Minn.; and N. Timothy Lynch, psychology, Milwaukee.