Plaintiff, a 47-year-old auto mechanic, was operating his vehicle on October 10, 2010, when defendant failed to yield the right of way at a posted stop sign. Defendant claimed he came to a complete stop at the stop sign and plaintiff was speeding, thus responsible for the happening of the accident. Plaintiff moved for partial summary judgment on the issue of liability and the motion was granted. Following the accident, plaintiff was taken by ambulance to an emergency room where he made complaints of chest, rib and mid/upper back pain.
Plaintiff was treated and released from the emergency the same day. Plaintiff presented to a chiropractor the following day and made complaints of neck, back, shoulder and knee pain. Martinez underwent a left shoulder arthroscopy and a left knee arthroscopy shortly following the accident. He missed 5 months of work following the accident and then returned to his job as an auto mechanic.
As a result of cervical and lumbar disc herniations, plaintiff eventually underwent surgery to his neck in 2013 and surgery to his back in 2014. Plaintiff was unable to return to work following his back surgery. Defendants claimed plaintiff did not make any complaints to his neck, lower back, shoulder and knee in the emergency room and his injuries were unrelated to the motor vehicle accident.
In fact, defendants claimed his injuries were degenerative in nature as a result of wear and tear and working as an auto mechanic. Judd F. Kleeger, partner, settled this matter at mediation in May 2017 for $3,000,000.
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