Trial Magazine
Verdicts & Settlements: Motor Vehicle Liability
Failure to maintain control of van, avoid rear-end collision
March 2020Svetlana Vitus, 33, was operating her vehicle with her two minor daughters as passengers when she stopped for pedestrians at a crosswalk near a park. Zachary Ripsom, who was driving a van owned by the Southern Oregon Education Service District, rear-ended Vitus. She lost consciousness after the collision and was taken to a hospital where she was diagnosed as having suffered a concussion and whiplash.
For the next three years, Vitus required conservative care, including physical therapy, chiropractic treatment, accupuncture, and an epidural injection. She suffers from pain and headaches and will likely require surgery to address annular tears to her cervical spine.
Vitus’s medical expenses were approximately $40,600. A nurse, she has reduced her work hours to two days per week and has returned to school to become a family nurse practitioner.
Vitus sued Southern Oregon Education Service District, alleging liability for Ripsom’s failure to keep a proper lookout and maintain control of his vehicle.
The jury awarded more than $400,100.
Citation: Vitus v. S. Or. Educ. Serv. Dist., No. 18CV05054 (Or. Cir. Ct. Jackson Cty. Oct. 15, 2019).
Plaintiff counsel: AAJ members Faith M. Morse and David Linthorst, both of Medford, Ore.
Plaintiff experts: Andy Kranenburg, orthopedic surgery, Medford; and Michael Freeman, forensic epidemiology, Lake Oswego, Ore.
