A Marion County jury awarded $2.5 million in damages to a motorist injured in a collision with a Sherwin-Williams van.
Kerry Brown was driving approximately 45 mph on US 41 in Marion County when her vehicle was struck from behind by a van operated by Glen Boyd, an employee of Sherwin-Williams who was on duty at the time of the crash.
The impact forced Brown’s vehicle off the road and into a ditch where it struck a tree. The front and back of her car were crushed, and Brown was transported to the hospital for neck pain.
Tests revealed that Brown had several herniated discs, for which she received physical therapy and later underwent two surgeries. After the second procedure, Brown received a 19 percent permanent partial disability rating.
Brown filed suit against both Sherwin-Williams and Boyd; the case against Boyd ultimately was dismissed, leaving Sherwin-Williams as the sole defendant.
Brown argued that Boyd failed to pay proper attention, was following too closely, and failed to stop in time to avoid an accident. When Sherwin-Williams admitted liability, the case proceeded on the issues of injury causation and damages.
Prior to trial, Sherwin-Williams offered to settle the case for $110,000, which Brown refused.
The company argued at trial that Brown suffered from a pre-existing condition unrelated to the accident and that she could have received less costly treatment through medication.
Brown, meanwhile, claimed she was not able to return to her usual activities, such as horseback riding and exercising, and while she acknowledged she had a pre-existing degenerative condition, she said she received no treatment for the condition.
She sought $150,000 for medical bills, plus past and future non-economic damages with a life expectancy of 28 or 29 years.
After deliberating for 90 minutes, the jury returned a $2.5 million verdict for Brown.
Brown’s attorney, Martin L. Stark, said the verdict would allow his client to receive “much-needed” physical therapy.