Shamika Rue v. Ace American Insurance

Case Background

On April 27, 2019, Plaintiff Shamika Rue filed a Car accident lawsuit in the Louisiana District Court, Orleans division (Case number: 19cv3654).   Kern A. Reese presided over this case.

Cause

On April 27, 2018, Shamika Rue, a 39-year-old instructional aide in Jefferson Parish, was involved in a minor traffic accident in downtown New Orleans. While stopped on Canal Street near Camp Street in the left southbound lane, Charles Vanderhall attempted an abrupt U-turn while driving in the right southbound lane. Vanderhall’s vehicle sideswiped Rue’s sedan during this maneuver, causing minor damage. Rue alleged Vanderhall fled the scene, identifying him by photographing his truck. Vanderhall denied fleeing, claiming he waited briefly for the police before leaving. Ultimately, the jury determined that fault was not an issue.

Injuries

Although Shamika Rue did not report immediate pain at the scene, she described experiencing dizziness. Two days later, she began to experience neck pain and sought treatment from a chiropractor. Rue underwent physical therapy and pain management, but her symptoms persisted. She later consulted Dr. Peter Liechty, a neurosurgeon in Metairie. Although cervical injections provided temporary relief, she continued to report radiating neck pain. Dr. Liechty recommended C5-6 disc fusion surgery. Rue, who stated she had no prior pain symptoms, planned to proceed with the surgery.

Damages

Shamika Rue sought damages for medical expenses totaling nearly $200,000, with additional projected costs for her future surgery. Her life care plan expert, Kasey Crawford, provided testimony supporting these claims. Rue also pursued non-economic damages for ongoing pain and suffering caused by the accident.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s):Shamika Rue
    • Counsel for Plaintiff: Jason F. Giles | John Love Norris, IV
  • Defendant(s): Ace American Insurance

 Claims

Rue filed a Car accident lawsuit against Ace American Insurance, Charles Vanderhall’s insurance provider, seeking compensation for damages related to the accident. Her claims included past medical expenses, anticipated future medical costs, and non-economic damages for pain, suffering, and diminished quality of life. This case highlights key issues of liability, personal injury claims, and insurance coverage disputes, which are critical factors in similar motor vehicle accident lawsuits.

Defense

Ace American Insurance, representing Charles Vanderhall, defended against Shamika Rue’s lawsuit by challenging the severity and causation of her injuries. The defense acknowledged that Vanderhall’s vehicle sideswiped Rue’s sedan but argued that the collision caused only minor damage. They emphasized that Rue did not report immediate pain at the scene and only complained of neck pain two days later. The defense contended that her injuries were not directly related to the accident and may have resulted from pre-existing conditions or other causes. They questioned the necessity of the recommended C5-6 disc fusion surgery and argued that the nearly $200,000 in medical expenses and future care costs were excessive. Additionally, Ace American Insurance disputed Rue’s claims for non-economic damages, asserting that the impact was too minor to cause lasting injuries. The defense aimed to minimize liability and argued against awarding significant compensation.

Expert Testimony

The defense presented several experts to challenge Shamika Rue’s claims. Brad Probst, a biomechanics expert from Seattle and a Tulane graduate, testified that the forces involved in the accident were minimal. He explained that Vanderhall’s box truck’s lift gate only scraped Rue’s vehicle, suggesting the impact was not severe enough to cause significant injury..

Additionally, Dr. Everett Robert, a neurosurgeon from Metairie, conducted an Independent Medical Examination (IME). He agreed that Rue suffered from a disc herniation and required surgery. However, he concluded that the injury predated the 2018 accident, citing an earlier injury from 2015. Dr. Robert testified that Rue inaccurately claimed she had no prior injuries, stating, “this, of course, is not true.” He described Rue as a poor historian who failed to recall previous accidents and injuries, undermining the credibility of her claims.

Jury Verdict

On September 19, 2024, the jury awarded Shamika Rue a total verdict of $3,405,525 in her personal injury lawsuit. This sum included $199,871 for past medical bills and $430,654 for future medical expenses, including the cost of her recommended C5-6 disc fusion surgery. For non-economic damages, the jury awarded $2.775 million, comprising $1.25 million for pain and suffering, $1.25 million for mental anguish, and $200,000 for loss of enjoyment of life. Additionally, Rue received $75,000 for scarring in a Car accident lawsuit.

Court Documents:

Documents Available for Purchase upon Request