Wyman v. Berg, Detter
Ruby Wyman was an elderly woman in excellent health when she went shopping with her sister in April, 2002. Her sister was driving, and Ms. Wyman was the passenger. While proceeding westbound through a controlled intersection, a car driven at full speed southbound through the same intersection collided with the car occupied by Ms. Wyman, crashing into the front passenger side where she was sitting. Ms. Wyman had to be extricated from the car.
After being taken to the hospital by ambulance, Ms. Wyman was diagnosed with rib and hip fractures. While hospitalized, she developed pneumonia, and infections due to the intravenous medical treatment. She suffered from rib and hip pain, shoulder pain, shortness of breath, and debilitating weakness. She required oxygen therapy because of her inability to breathe properly due to her injuries. Due to her forced bed-rest and inability to move, she lost muscle strength and flexibility. Finally, after forty-three days of hospitalization, she was discharged to a nursing home for rehabilitation, which continued for an additional eight days. On her return home, she worked hard to regain her former health, but was hampered by her reduced endurance and continuing problems with breathing. She was ultimately diagnosed with a permanent reduction in her capacity to breathe properly.
Liability was hotly contested by the drivers of both cars. Each claimed the light was green when they entered the intersection. There were only two eyewitnesses, and each thought that a different driver had the right of way. Marler Clark conducted a thorough investigation of all the relevant facts, developing evidence of negligence by both drivers that contributed to the accident. Shortly before the day of trial, the case was settled for a total amount of $350,000.