$62,000 Motor Vehicle Accident Case

On February 12, 2014, a plaintiff filed an underinsured motorist claim against her own insurance carrier following a multi-vehicle collision. The plaintiff alleged a tortfeasor struck her vehicle from behind, pushing it into a car in front, which then struck a fourth vehicle. The defendant insurance carrier contended the plaintiff first struck the car in front of her, causing a sudden stop that resulted in the subsequent impact by the tortfeasor's vehicle. The tortfeasor's underlying liability policy limit of $10,000 was tendered prior to the UIM trial. A loss of consortium claim brought by the plaintiff's husband settled before trial. The plaintiff sought damages, claiming the collision caused headaches, neck pain, mid-back pain, low-back pain with radiculopathy, and a traumatic brain injury with cognitive deficiencies. She was diagnosed with lumbar disc herniations and underwent a double-level fusion. The plaintiff sought compensation for past lost wages and loss of future earning capacity. The defense maintained that evidence indicated the plaintiff caused the accident by rear-ending the vehicle in front of her before being struck from behind. The defendant's medical experts opined that the plaintiff's reported injuries were not caused by the collision. The defense argued that the plaintiff's medical records documented long-standing chronic complaints, including back pain, neck pain, headaches, and lower extremity issues, which they attributed to pre-existing conditions such as excess weight, diabetes, and long-term diuretic use. The jury found no negligence on the part of the tortfeasor that was a legal cause of injury to the plaintiff. A defense verdict was subsequently entered. The plaintiff was expected to file a post-trial motion.

A motor vehicle negligence case was filed after a defendant driver rear-ended an 18-year-old plaintiff driver, pushing the plaintiff's vehicle into a car in front. The plaintiff alleged that the accident caused lumbar and cervical herniations, requiring surgery to both areas and anticipated future problems. The defendant disputed that the plaintiff's claimed injuries resulted from the accident, asserting she sustained, at most, temporary soft tissue injuries and degenerative bulges. The defense pointed to a lack of visible property damage on any of the vehicles and presented an accident reconstruction/emergency room expert who denied that the crash caused the alleged injuries. The defendant also argued that the plaintiff, a restaurant hostess/server, continued to work and increased her hours following the incident. The plaintiff countered that the extent of property damage was not necessarily indicative of injury severity and stated she would not have undergone surgery without severe symptoms. The plaintiff also highlighted an absence of prior medical history that would explain the herniations. A jury awarded the plaintiff $866,000. The defendant's post-trial motions remained pending.

A 2011 rear-end automobile accident in which the defendant admitted fault led to a lawsuit, with the defendant's estate continuing the defense after the driver's unrelated death. The estate defended the case on the issue of causation, arguing the collision was not responsible for the plaintiff's claimed injuries. The plaintiff, a 43-year-old male at the time of the incident, testified that his vehicle was struck from behind. He was transported from the scene with complaints of neck, back, and shoulder pain. He was later diagnosed with cervical and lumbar disc herniations and a left shoulder labrum tear, which he alleged were caused by the collision. The plaintiff received treatment including injections, medial branch blocks, and radio frequency ablation. The defense presented testimony from the defendant, secured before his death, stating the impact was light and caused minimal property damage. Defense medical experts opined that the accident was not the cause of the plaintiff's reported neck, back, or shoulder complaints. The defense also introduced evidence of the plaintiff's prior medical history of similar neck and back issues. Additionally, surveillance video showing the plaintiff performing yard work, bending, and lifting without apparent difficulty was presented, with defense counsel arguing it was inconsistent with the plaintiff's testimony regarding his physical limitations. A jury subsequently found that the defendant's negligence was not a legal cause of injury to the plaintiff.

A plaintiff filed claims for underinsured motorist coverage against New Jersey Manufacturers Insurance and 21st Century Centennial Insurance following two separate rear-end motor vehicle collisions. The incidents occurred on December 21, 2008, and December 1, 2010. The plaintiff alleged the accidents caused permanent injuries, including a two-level lumbar fusion and laminectomy surgery, and multiple herniated discs in the neck requiring future surgery. The plaintiff sought $1.5 million in damages, which included up to $745,000 for past and future medical expenses. New Jersey Manufacturers admitted negligence for the 2008 collision, and a court directed a verdict of negligence against 21st Century for the 2010 collision. The trial proceeded on the issues of causation and damages. The plaintiff presented expert testimony from an orthopedic spinal surgeon, a physiatrist, and a chiropractor, who opined that the permanent injuries and surgery were the combined result of both accidents. Testimony from the plaintiff's family and a personal friend was also presented. The defense for New Jersey Manufacturers offered testimony from a neurosurgeon and a nuclear medicine physician, who stated there was no objective evidence of injury from the 2008 collision. 21st Century presented similar medical expert testimony related to the 2010 accident. Defense experts also included an accident reconstructionist, who testified the collisions were minor and low-impact, and a biomechanical expert, who opined the accidents were insufficient to cause the claimed injuries. The record provided does not contain information regarding the verdict or final outcome of the case.

Two separate rear-end collisions, occurring in Jupiter, Florida, in December 2008, and in Jensen Beach, Florida, in December 2010, led to consolidated underinsured motorist claims against two automobile insurance carriers. The negligence of the tortfeasors was established, with one carrier admitting negligence and the court directing a verdict of negligence against the other. The trial therefore proceeded solely on the issues of damages and causation. The plaintiff, a 56-year-old female at the time of the trial, alleged that the accidents caused lumbar disc herniations, requiring a double-level lumbar fusion and laminectomy. She also claimed multiple herniated discs in her cervical spine would necessitate future surgery. The plaintiff's orthopedic surgeon testified that the permanent injuries and need for surgery resulted from the combined effects of both collisions. The plaintiff's counsel sought $1.5 million in total damages, including $745,000 for economic damages. The first defendant presented a neurosurgeon and a nuclear medicine physician, who opined that the plaintiff showed no objective evidence of injury from the 2008 collision. The co-defendant's medical experts offered similar testimony regarding the 2010 accident. An accident reconstruction expert for the co-defendant characterized both incidents as minor, low-impact collisions, and a biomechanical expert testified that neither accident was sufficient to cause the injuries claimed by the plaintiff. After deliberating for approximately 90 minutes, the jury found that the negligence of the underinsured tortfeasors was not a legal cause of injury to the plaintiff. Both defendant insurance carriers subsequently filed motions to recover attorney fees and costs.