LAWRENCE COUNTY - FEBRUARY 22, 2023 - The jury awarded $12,300 to Garry Prince in the civil trial presided over by Lawrence County Circuit Court Judge Nathan Nikirk on Wednesday morning. The verdict delivered just before noon.
According to court records, On May 1, 2019, Garry Prince was traveling northbound on Indiana State Road 37 at the intersection of Washboard Road when Austin Ramsay entered the intersection causing the accident.
The issue in the lawsuit was not who was to blame in the accident, but the two parties could not reach an agreement on the cost of the damages suffered as a result of the accident.
Prince was represented by Kelly Law Offices of Bloomington, Indiana. William Kelly is the attorney of record for the Plaintiff in the case.
The case was originally filed in Monroe County and the defendant Austin Ramsay asked the jury trial to be moved to Lawrence County where the accident occurred. Ramsay was represented by Bunger & Robertson with attorney John W. Richards representing the defendant in the case.
According to court testimony, Austin Ramsay was traveling eastbound on Washboard Road in his S -10 Pickup truck and failed to see Garry Prince who was traveling northbound of Indiana State Road 37 in his Honda Accord passenger car.
Prince's vehicle ended up over the embankment, and Ramsay coming to Prince's aid to make sure that he was okay following the collision. The police report indicated that Ramsay failed to yield the right of way.
Prince was evaluated at the accident scene by ambulance personnel, with Prince's refusing transport to the hospital by ambulance. Prince was taken to Johny Junxion's by a tow truck driver and waited on his friend Erma Denny.
After waiting on Denny more than an hour, Denny testified that she found Prince having difficulty in breathing, and in pain that he was in tears. " He was always a strong man and tolerated pain well, and he was crying due to the large amount of pain," said Denny in talking about how Mr. Prince condition was when she arrived.
" He was not standing upright, and I told him we are going to the hospital,"
Denny took him to St. Vincent's Dunn Hospital in Bedford, which treated him for his injuries. The hospital x-rays discovered fractures to his 3rd and 4th ribs on his left side, and no fractures to his neck. There was no complaint of shoulder pain the day of the accident according to the medical records of Mr. Denny.
Prince maintains he cannot lift his left arm above his shoulder and maintains this was the result of the accident on May 1, 2019. However, Mr. Prince was in a traffic accident in November 2021, in Bloomington to which he was treated at Monroe Hospital with shoulder pain.
Austin Ramsay's attorney maintains that Mr. Prince's shoulder issues started 10 years prior to the accident with x-rays from his regular medical doctor indicating Osteo Arthritis and bone spurs as indicated in previous medical records and x-rays.
Dr. Charles Rhodes, Prince's primary physician in a disposition saying he was unaware of the traffic accident in November 2021, but instructed Mr. Prince to use Physical Therapy to help decrease the pain and increase movement, in treating him for his shoulder pain.
Prince has a Rotar cuff injury that was reoccurring.
There were no medical records presented of any ongoing treatment for Mr. Prince's shoulder injury following the accident.
The neck injury improved six weeks following the accident, his ribs healed approximately 6 -8 months following the accident but had ongoing issues with his shoulder. The largest complaint not being able to raise his left arm above his head, and on various days pain to his shoulder.
His brother, Henry Leon Prince testifying that his brother Garry Prince is still active golfing and bowling and is in better shape than he is. When asked whether the accident caused Garry problems following the accident he said, " I think so,".
Prince's daughter Tammy Miller said that her father can no longer help her at her home, and physical things that he was normally able to do for her. The 80-year-old is still quite active, but playing with her children like he use to was no longer an option.
Prince's insurance company paid him for his medical expenses which has to be paid back to the insurance company with liens against Prince.
Prince requested $141,000 in damages, due to Prince's ongoing issues resulting from the accident. Austin Ramsay's attorney requesting a judgment of $10,000 to $15,000.
The jury ruling in favor or Mr. Prince in the amount of $12,300.
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