$866,000 Motor Vehicle Accident Case

One driver was granted pre-trial summary judgment on liability in a motor vehicle crash. The case proceeded to trial on damages. The injured person was diagnosed with disc herniations in her neck and back, which doctors related to the collision. The defense argued the conditions preexisted the crash and that the impact was too minor to cause the alleged injuries. The jury found no permanent injury and awarded damages for past medical expenses and lost wages.

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.

In April 2011, a passenger in a sport utility vehicle sustained injuries when the vehicle was struck from behind by a minivan in North Port, Florida. The SUV was waiting to exit a gasoline station parking lot onto Tamiami Trail when the collision occurred. The plaintiff claimed injuries to his back, neck, and a shoulder, including herniated discs and a torn glenoid labrum. He underwent extensive conservative treatment and injections, alleging that his injuries prevented him from starting a landscaping business and engaging in recreational activities. The plaintiff filed a lawsuit alleging negligence against the minivan's driver and vicarious liability against its owner. The owner was later dismissed from the case. After the driver's death, the suit continued against his estate. A motion for summary judgment on liability was granted for the plaintiff, leading the case to proceed solely on the issue of damages. During the trial, the plaintiff sought recovery for past and future medical expenses and pain and suffering, with a life-care planner estimating $630,000 for lifelong treatment. The defense argued that the accident was low-impact and could not have caused the plaintiff's claimed injuries. Defense medical experts testified that the plaintiff had chronic degenerative conditions in his spine and shoulder. Following a five-day trial and three hours of deliberation, the jury rendered a defense verdict. The jury concluded that the defendant's negligence was not a legal cause of injury to the plaintiff.

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.