Colbert v. Dhaliwal

Case Background

D’Lynne Colbert filed a lawsuit for auto negligence, seeking damages for injuries she suffered in a motor vehicle accident when Harkirat Dhaliwal ran a red light.

The case was filed in the Shelby County Court, Tennessee. Judge Carol L. Chumney presided over this case. [Case number: CT-0287-21]

Cause

On February 15, 2020, D’Lynne Colbert, 47 years old, was driving an Infiniti SUV on Willett Street near Lamar Avenue. As she approached the intersection, Harkirat Dhaliwal ran a red light and struck her vehicle. The collision was forceful, and Colbert later described it as a “big impact.”

Injury

Colbert was taken to the ER at Baptist, where doctors initially treated her for visible soft tissue injuries. Since then, Colbert has received treatment for two primary injuries. The first was a SLAP tear in her shoulder, which required surgical repair in the summer of 2022. She also sought treatment for a herniated disc.

Damages

Colbert incurred $50,430 in medical expenses. She sought damages in both economic and non-economic categories.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): D’Lynne Colbert
    • Counsel for Plaintiff(s): M. Shawn Cardwell | Alexander Shunnarah
  • Defendant(s): Harkirat Dhaliwal | USAA

Claims

In this lawsuit, she pursued claims against two Defendants. The first was Dhaliwal, and the second was her underinsured motorist carrier, USAA. However, USAA remained silent during the trial. The case focused solely on damages, and Colbert presented evidence for two distinct injuries: her shoulder injury and her herniated disc.

Defense

The defense focused on challenging the cause of the injuries and minimizing the severity of the claimed harm.

Expert Testimony

The defense hired Dr. Jason Hutchinson, an orthopedic expert from Jackson, to conduct an independent medical evaluation. He noted several issues with Colbert’s medical records. First, he disputed the claim of a permanent shoulder injury. He also raised concerns about the two-and-a-half-year gap between the crash and Colbert’s shoulder surgery. Additionally, Hutchinson questioned the mechanism of Colbert’s injuries, stating it appeared unclear.

Jury Verdict

On August 3, 2024, the jury awarded Colbert a total of $200,430. This amount included:

  • $50,430 for medical expenses.
  • $150,000 in non-economic damages, divided into four categories:
    • $40,000 each for past pain and suffering.
    • $40,000 each for future pain and suffering.
    • $50,000 for past loss of enjoyment of life.
    • $30,000 for future loss of enjoyment.

The jury awarded $40,000 each for past and future pain and suffering. Additionally, they granted $50,000 for her past loss of enjoyment of life and $30,000 for future loss of enjoyment. However, the jury declined to award damages for “permanent injury.” A consistent judgment of $200,430 was entered in Colbert’s favor and has since been satisfied.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com