Plaintiff, 27 years old male, was stopped due to traffic ahead when his vehicle was struck in the rear by defendants’ vehicle. Plaintiff’s motion for partial summary judgment on the issues of liability was granted.
As a result of the rear-end collision plaintiff felt pain to his neck and low back. Plaintiff refused medical assistance at the scene of the accident but presented to the emergency department complaining of neck and back pain later that day. 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. After conservative care failed to relieve plaintiff’s complaints of low back pain, he underwent a series of lumbar epidural steroid injections. Eventually, plaintiff underwent surgery to his lumbar spine. Plaintiff returned to his full-time job and did not have a claim for lost wages.
Defendants claimed that the property damage to plaintiff’s vehicle was minimal. Defendant also claimed plaintiff injuries were degenerative in nature, his complaints were related to pre-existing conditions and he did not need any future care or treatment. In addition, defendants claimed that plaintiff’s surgery was unrelated to the motor vehicle collision. Lastly, plaintiff was involved in four (4) subsequent motor vehicle incidents and defendants claimed those accidents resulted in his injuries as opposed to the subject accident.
Judd F. Kleeger, Partner, settled this matter prior to trial for $1,650,000.
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