Trial Magazine

Robert Fredrickson, 39, was a passenger in a vehicle his wife was driving near their apartment complex. Cecilia Martin, a Special Occasions Catering employee who was driving an SUV, reached for her phone in her purse, causing her to ­rear-end the Fredricksons’ stopped vehicle. Stunned by the collision, Martin allegedly pressed the SUV’s accelerator, striking the Fredricksons a second time. As Fredrickson attempted to exit the vehicle, Martin struck it a third time, causing it to move for a distance before reaching a stop.

Fredrickson suffered multiple injuries in the crash, including left sacroiliitis, a disk herniation at L4, and a left labral tear. His medical expenses were almost $34,000. A law enforcement officer who had been very physically active, he is no longer able to perform that type of work.

Fredrickson sued Martin and her employer under an agency theory, alleging that Martin had negligently operated the SUV and caused the ­collision by reaching for her purse and taking her eyes off the roadway. The defense admitted liability but disputed the amount of the plaintiff’s damages.

The jury awarded $461,200 plus fees and costs.

Citation: Fredrickson v. Martin, No. 2015-2-03122-8 (Wash. Super. Ct. King Cnty. June 2017).

Plaintiff counsel: David L. Crump, Seattle; AAJ member Tara L. Eubanks, Edmonds, Wash.; and Edward Harper, Kirkland, Wash.

Plaintiff experts: O.R. Elofson, vocational rehabilitation, and Christina Tapia, economics, both of Seattle.

Defense experts: Joseph Engman, orthopedic surgery, Seattle; Shelley Lewis, vocational rehabilitation, Tacoma, Wash.; and William Partin, economics, Bellevue, Wash.