News
8/11/2006 - Verdict Against Radiologist Immediately Dismissed as Settled
OPELIKA--On May 5, 2004, Linda Warner ran a stop sign and collided with a vehicle driven by Jack Cox. Warner died in the crash. Cox's wife, Claire, 79, was badly injured. She was taken to the ER at East Alabama Medical Center. Her obvious initial injuries included a fractured sternum, a bruised heart and dislocated joints in her hand. Additionally there was an apparent soft-tissue cervical injury.
On the second hospital day a radiologist, Michelle Agee, read a CT scan of Claire's spine and confirmed a soft-tissue injury. Claire was released from the hospital with a soft collar and she drove 350 miles to her home in Jacksonville, FL. Unfortunately, Agee had missed a facet fracture at C4-5. Just after arriving home, Claire's spine subluxed and her spinal cord was damaged. Repair attempts at the Mayo Clinic failed and Claire was rendered a permanent quadriplegic.
Claire Cox's lawsuit targeted three defendants: Warner's estate, her UIM carrier State Farm, and Agee the radiologist. The first two admitted liability but claimed they were not responsible for the level of damages. Cox called two experts who testified that Agee had missed the fracture and that stabilization would have prevented the injury. Agee admitted the fracture was missed but that the fracture was stable and that treatment with a soft collar was appropriate.
The Lee County jury found against all defendants and awared Claire $5.5 million and her husband $500,000 for loss of consortium. However, before a judgment was entered the matter was dismissed as settled.
Plaintiffs were represented by David H. Marsh, Nat Bryan and Susan Silvernail of Marsh Rickard & Bryan in Birmingham.
Agee was represented by Thomas H. Keene and William S. Haynes of Rushton Stakely Johnston & Garrett of Montgomery.
The Warner estate was represented by J. Lee Ryals of Slaten & OConnor.
State Farm was represented by T. Randall Lyons of Webster Henry & Lyons.
Judge Jacob A. Walker presided over the trial.
Cox v. Agee, et al. CV-04-0627 (Lee County).