Jackson v. RGB Sales, LLC

Case Background

Jeremiah Jackson filed a motor vehicle accident lawsuit after he suffered a cervical injury in a failure-to-yield motor vehicle crash on a rural road in Elkhart County. The defendants in this lawsuit were Matthew Holland, the driver, and his employer RGB Sales, LLC, who was named as a co-defendant under the vicarious liability doctrine. The case was filed in the Indiana Circuit Court, Elkhart County. Judge Michael A. Christofeno presided over the case. [Case number: 20C01-1807-CT-163]

Cause

On September 15, 2016, Jeremiah Jackson, a 37-year-old martial arts instructor, drove north on S.R. 13 in Elkhart County in a 2004 Pontiac Grand Prix. At the same time, Matthew Holland, driving a 2007 Ford F350 owned by his employer RGB Sales, LLC, approached from the opposite direction. Holland was on duty for his employer at the time.

As both vehicles neared the intersection with C.R. 40, Holland attempted a left turn, crossing into Jackson’s path. The two vehicles collided. Jackson later estimated his speed at approximately 50 mph when the crash occurred.

Injury

Immediately after the crash, Jackson experienced pain in his head and neck. He then began conservative treatment, including physical therapy, chiropractic care, massage therapy, and epidural injections.

Despite these efforts, Jackson’s pain persisted. Nearly three years later, on August 5, 2019, he underwent a diskectomy and fusion surgery at C6-7. Since the surgery, Jackson has reported significant relief from his symptoms.

Damages

Jackson’s medical expenses amounted to $164,158, and he sought damages for these costs in the lawsuit. Additionally, his wife, Tasha Jackson, filed a derivative claim for the loss of consortium.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Jeremiah Jackson
    • Counsel for Plaintiff(s): Michael W. Phelps |  Ryan David Mehl
    • Experts for Plaintiff(s): Dr. Mark Reecer
  • Defendant(s):  Matthew Holland | RGB Sales, LLC
    • Counsel for Defendant(s): Caren L. Pollack | Lana R. Swingler

Claims

Jackson filed a lawsuit against Holland, accusing him of failing to yield the right-of-way, turning into his path, and causing the crash. The Plaintiffs also named Holland’s employer, RGB Sales, LLC, as a co-defendant under a theory of vicarious liability. Later, the parties agreed to dismiss Tasha’s consortium claim. Holland eventually disappeared from the case caption and appeared to exit the case. The litigation then continued solely on Jackson’s claim against RGB Sales, LLC, for vicarious liability.

Defense

RGB Sales ultimately admitted responsibility for the crash. With liability resolved, the defense shifted focus to the claim that Jackson had failed to mitigate his damages.

Expert Testimony

The Plaintiff’s IME was conducted by Dr. Mark Reecer was conducted by Dr. Mark Reecer, a specialist in Physical Medicine from Fort Wayne. Reecer acknowledged the injury but disputed the necessity of the Plaintiff’s treatment.

Jury Verdict

The case was tried in Goshen, focusing solely on the issue of damages. The jury returned a verdict in favor of Jackson, awarding him $1,400,000 in damages. The court entered a judgment consistent with the verdict.

Post-trial Motions

The defense later filed a motion to correct errors, presenting three arguments. First, it claimed the court erred by not including a failure to mitigate instruction. Second, the defense argued that the court wrongly excluded Facebook pictures and videos showing the plaintiff engaging in jiu-jitsu and off-road four-wheeling, where he was violently jostled. Third, the defense contended that the verdict was excessive and proposed a remittitur of $500,000. The motion was still pending at the time of this report.

Court Documents:

Available upon request