Cars collide in intersection: Failure to stop: Driving while intoxicated: Skull fracture: Brain injury: Verdict: Punitive damages

Law Reporter, Dec 2003

Wolff v. Thackston, Ind., Lake County Cir. Ct., No. 45C01-9905-CT-01299, July 11, 2003.

Wolff, 57, and his wife, 53, were driving through an intersection when a car driven by an intoxicated driver ran a stop sign and struck their car. The driver was convicted of driving under the influence of alcohol.

Wolff suffered a depressed skull fracture, lung contusions, a broken finger, and rib fractures. He continues to suffer from memory loss and other cognitive difficulties, as well as depression. His past medical expenses totaled approximately $175,700 and his future medical expenses are estimated at between $1,000 and $2,000 annually. Formerly a delivery driver earning approximately $44,000 annually, Wolff has been unable to return to work since the incident.

Wolff and his wife sued the driver, alleging gross negligence in driving while intoxicated. Defendant named the bar where he had been drinking as a nonparty, alleging that it was partly responsible for the incident.

The jury found defendant 100 percent liable and awarded approximately $1.5 million, including $500,000 to Wolff's wife for loss of consortium and $20,000 in punitive damages.

Plaintiffs' expert was Joseph W. Fink, neuropsychology, Hobart, Ind.

Defendant's expert was David E. Hartman, neuropsychology, Chicago, Ill.

Plaintiffs' Counsel

*Timothy F. Kelly, Dyer, Ind.

*Robert J. Varga, Dyer, Ind.