Hughes v. Wilson et al

Case Background

Plaintiff Jimmy Hughes filed a personal injury lawsuit alleging auto negligence after she was rear-ended on a Highway in Tennessee. The case was filed in the Tennessee Circuit Court, 11th Judicial Circuit, Hamilton County. Judge Kyle Hedrick presided over this case. [Case number: 21-299]

Cause

On January 23, 2020, Jimmy Hughes found herself stuck in traffic on Hwy 153 in Chattanooga. Suddenly, Chad Wilson, who drove a Ford F-650 tow truck for Smith Asset Recovery, rear-ended her. Witnesses estimated Wilson’s speed at 40 mph. The impact was severe and resulted in the total loss of Hughes’s SUV.

At the scene, Hughes reported experiencing neck pain. Emergency responders arrived promptly and transported her by ambulance to the ER at Erlanger Hospital.

Injury

A CT scan at the hospital revealed lumbar compression fractures. The radiologist noted that these fractures appeared “chronic.” In this context, Hughes acted as an eggshell plaintiff, as she had previously undergone two lumbar surgeries and one cervical surgery with Dr. Daniel Keuter in Chattanooga.

Five days after the accident, Hughes began treatment with a chiropractor for various symptoms. After two months of chiropractic care, she returned to Dr. Keuter. An MRI then confirmed the presence of lumbar fractures. Keuter’s initial treatment plan included epidural injections.

Eventually, Keuter discovered a significant collapse in Hughes’s lumbar spine. As a result, she underwent three surgeries on her lumbar spine in November 2020, February 2022, and September 2022. These surgeries fused her spine at 14 levels, from T4 to the sacrum. Dr. Keuter attributed these surgeries to the accident.

Damages

Hughes pursued damages from Wilson and his employer. If she won the case, she aimed to recover her medical expenses and non-economic damages. She presented her medical bills to the jury, totaling $587,344.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Jimmy Hughes
    • Counsel for Plaintiff(s): Robert P. Gritton | Kyle Pieter
  • Defendant(s):  Chad Wilson | Smith Asset Recovery

Claims

Hughes asserted that Wilson’s negligence and reckless driving caused the rear-end collision at high speed. This incident initiated her series of lumbar injuries. Since the motor vehicle accident took place while Wilson was acting in the capacity of a Smith Asset Recovery employee, Huges alleged that they were vicariously liable.

Defense

The defense challenged the allegation of auto negligence and liability, claiming that Hughes abruptly changed lanes in front of Wilson’s wrecker. However, this argument faced complications because Wilson was generally uncooperative. He avoided a subpoena to testify at the trial.

Expert Testimony

The defense also disputed the damages by consulting an Independent Medical Examiner, Dr. Douglas Mathews, a neurosurgeon from Nashville. He reviewed diagnostic imaging from 2019 and noted that the images closely resembled those taken at the ER. Consequently, he concluded that Hughes’s ongoing treatment, beyond the initial conservative care, was linked to her extensive pre-existing conditions.

Jury Verdict

The auto negligence case was tried for three days in Chattanooga. After deliberation on July 18, 2024, the jury found Wilson solely at fault. When it came to damages, Hughes claimed medical expenses of $40,980, which represented only 6.8% of the total amount sought.

Additionally, Hughes received $150,000 in non-economic damages. This included $100,000 for past pain and suffering and $50,000 for past loss of enjoyment of life. However, the jury awarded no damages for future suffering, loss of enjoyment of life, permanent injury, and disfigurement.

In total, the jury’s verdict amounted to $190,980, and a consistent judgment was entered. The judgment has since been satisfied.

Court Documents:

Available upon request