Jury awards plaintiff $250 for mental anguish in injury case

David Yates Jan. 17, 2008, 7:55am

Glynn Fowler told jurors he would need at least $50,000 to pay for his neck surgery, a condition he claims was caused by a 2002 automobile collision. He was awarded $4,750 as the personal injury trial in Judge Milton Shuffield's 136th District Court concluded on Wednesday, Jan. 16. His award for mental anguish was $250.

Fowler sued Virginia Olsberg, an elderly woman, in November 2005 claiming the auto collision she negligently caused three years earlier worsened his neck condition.

After the accident, testimony showed that Olsberg was ticketed for failing to control her vehicle.

The jury agreed that she negligently caused the accident and awarded Fowler $4,500 in past medical expenses and $250 for past mental anguish damages.

Fowler was asking for nearly $12,000 in past medical expenses and $50,000 for future medical expenses, plus court costs and attorney's fees.

During the trial, Fowler testified that the pain in his neck kept him from holding down a job and that his 12-year-old daughter was forced to do most of the household chores.

He also testified that immediately after the accident, Olsberg was yelling at him and accusing him of faking an injury.

On the other hand, Olsberg testified that it was Fowler who was yelling at her at the accident scene.

Fowler was represented by the Moore Landrey law firm.

Case No. E176-082

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