Earlier this month, an appellate court in Virginia issued a written opinion in a car accident case that required the court to determine if the plaintiff should be entitled to a new trial after the jury found the defendant to be at fault for the car accident but awarded the plaintiff no damages. Ultimately, the court determined that the issue of damages depended in large part on the plaintiff’s own credibility and the medical evidence she presented. Since there was conflicting evidence presented about whether the plaintiff’s injuries were caused by the accident, the court held that the jury’s verdict should stand.
The plaintiff was involved in a minor car accident when the defendant rear-ended her. Evidently, the plaintiff was stopped at a red light when the she heard “something boom.” She looked up, and her car was lurching into the intersection. The plaintiff was wearing a seatbelt, and no part of her body came into contact with the steering wheel or dash board. The plaintiff explained that she did not suffer and bruises, cuts, or swelling, but her body “tensed up” upon impact.
After the accident, the plaintiff requested to be taken to the hospital. She was seen by doctors and soon afterward released. The plaintiff testified that she saw her primary care doctor twice after the accident but provided no evidence of the visits. She did, however, provide evidence that she went to an orthopedic center, complaining of back and shoulder pain, 10 months after the accident. She subsequently had surgery on her shoulder.