Plaintiff, 44 year old female, was operating her vehicle along the roadway when a Terramite construction truck pulled out in front her and struck the right passenger side of her vehicle. Plaintiff’s motion for partial summary judgment on the issues of liability was granted, although the issues of comparative fault on behalf of the plaintiff was an issue for the jury.
As a result of the car accident, plaintiff felt an onset of pain to her low back and left knee. Plaintiff refused medical assistance at the scene of the accident. Although plaintiff felt pain in her low back and knee she did not seek medical attention for six weeks following the collision. Thereafter plaintiff began a course of physical therapy involving various medical specialties including physical therapy, acupuncture, chiropractic and topical modalities such as heating pads and electrical stimulation for three (3) months. Ultimately underwent surgery to her lumbar spine four (4) years following the accident. Plaintiff returned to her full-time job and did not have a claim for lost wages.
Defendants claimed the property damage to plaintiff’s vehicle was minimal. Defendants claimed that plaintiff injuries were degenerative in nature, were related to pre-existing conditions and she did not need any future care or treatment. In addition, defendants claimed that plaintiff’s surgery was unrelated to the truck accident.
Judd F. Kleeger, Partner, settled this matter prior to trial for $1,000,000. The parties are not identified subject to a confidentiality agreement.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.