Overcorrection causes car to roll over: Inattentive driving: Quadriplegia: Verdict.

Law Reporter, May 2003

Medlin v. Dickson, Fia., 10th Jud. Dist. Ct., No. 000-3552 Div. 04J, Dec. 6, 2002.

Medlin, 22, was riding in a car when the driver took her eyes off the road to adjust the radio. The car went onto the median, and the driver overcorrected and braked, causing the car to slide sideways and roll over. Medlin suffered a burst fracture at C5, rendering him quadriplegic. He has a neurogenic bowel and bladder, autonomic dysreflexia, and other health problems as a result of the spinal injury. His past medical expenses totaled approximately $345,000 and his future medical expenses are estimated at S6 million in present value. Medlin had been in training to become a truck driver. He has been unable to work since the incident.

Medlin sued the driver of the car and its owner, alleging that the driver was speeding and driving carelessly.

A jury found defendants 85 percent liable and plaintiff 15 percent at fault for failure to wear a seat belt. It awarded approximately $11.1 million, which was reduced to approximately $9.24 million to reflect plaintiff's comparative negligence and an offset for first-party benefits and collateral source payments.

Plaintiff's experts included John Bell, accident reconstruction, Miami, Fla.; William E. Lee III, biomechanics, and Joyce Eastridge, economics, both of Tampa, Fla.; William L. Earp, orthopedic surgery/rehabilitation, Winter Haven, Fla., and Gerri Pennachio, life care planning, Lakeland, Fla.

Defendants' experts were Leon Prockop, neurology/life expectancy, Michael Shahnasarian, vocational rehabilitation, and John D. Deiter, economics, all of Tampa, Fla.; and Alvin S. Hyde, biomechanics, Key Biscayne, Fla.

Plaintiff's Counsel

* Scott Johni, Tampa, Fla.

* Dennis M. Morgenstern, Tampa, Fla.