D‘Amico v. State Farm

Case Background

Jamie D’Amico filed an auto negligence lawsuit against Henry White and then proceeded to file an underinsured motorist claim against her insurer, State Farm Insurance. The lawsuit was filed in the Jefferson Parish Courthouse, Louisiana. Judge Chris Cox presided over this lawsuit. [Case number: 788316]

Cause

On October 15, 2017, 53-year-old Jamie D’Amico was driving a new Lincoln Continental sedan along Airport Access Road near Veterans Boulevard in Kenner. While traveling, Henry White rear-ended her vehicle. The collision caused minor damage but was sufficient to push D’Amico into the car in front of her.

Injury

D’Amico received treatment for multiple injuries following the accident. Initially, she suffered a minor traumatic brain injury (TBI) and post-concussive symptoms. These were linked to her head striking the steering wheel, causing a brief blackout at the scene. She now reports frequent migraines, along with dizziness, balance issues, and difficulty focusing.

Additionally, D’Amico experienced radiating cervical pain. Although doctors recommended cervical fusion surgery, it was postponed for about 22 months due to her breast cancer diagnosis. The surgery is now scheduled, but it has not yet been performed.

D’Amico also completed a course of pain management treatment.

Damages

If D’Amico won at trial, she sought compensation for past and future medical expenses, along with general damages.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Jamie D’Amico
    • Counsel for Plaintiff(s): Richard H. Barker, IV
  • Defendant(s): Henry White | GEICO Insurance | State Farm Insurance
    • Counsel for Defendant(s): Nicole T. Bowyer | John Womble
    • Experts for Defendant(s): Dr. Archibald Melichor | Dr. Curtis Partington

Claims

D’Amico initially filed a claim against White, who was insured by GEICO. He paid the $20,000 policy limits. Afterward, D’Amico sought underinsured motorist (UIM) coverage from her own insurer, State Farm. Her policy limits were $5,000,000.

Defense

State Farm disputed its insured’s claim, focusing on the issue of causation.

Expert Testimony

Dr. Archibald Melichor, a neurology expert from Metairie, conducted an independent medical examination (IME) for State Farm. He referred to his exam as a “referral exam.” Melichor believed D’Amico had been conditioned to think she suffered a brain injury when, in his view, she had not. He described this as a “diagnostic threat.” He argued that the term “post-concussive” was incorrect, and he did not believe D’Amico had experienced a concussion. According to him, she had only sustained a mild injury.

A second expert, Dr. Curtis Partington, a radiology specialist, linked D’Amico’s disc injury to degenerative conditions.

Jury Verdict

The case was tried for four days in Gretna. The jury was first asked whether White’s negligence had caused injury to D’Amico. They answered yes, and then proceeded to determine damages.

D’Amico presented medical expenses of $31,643, along with $368,357 for future care. She was awarded $300,000 in non-economic damages, divided into three categories: $100,000 each for past suffering, mental anguish, and loss of enjoyment of life. The total verdict amounted to $700,000.

The court’s final judgment was in D’Amico’s favor for $733,580. This included prior tenders, the underlying policy limits, and interest.

Court Documents:

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