She says back troubles from crash progressed to where she couldn’t walk
Plaintiff sought first-party no-fault benefits from defendant Auto Club of Michigan, for back injuries sustained in an accident.
On Nov. 22, 2010, crashed her car through the garage door of her Bay City home. She did not get medical attention for her back injuries, opting to take pain relievers instead.
On Jan. 24, 2011, she saw her family doctor for her back injuries. The doctor determined Wentworth had compression fractures in the thoracic region of her back.
The next day, she underwent a cardiac catheterization for an unrelated ailment. After the procedure, she was transferred from the hospital to a nursing home for recuperation. Her heart issues resolved within a month, but she remained in the nursing home because her back injuries progressed to the point where she could not walk anymore.
She submitted a claim to Auto Club, seeking reimbursement for her nursing home expenses. In April 2011, Auto Club sent her to a defense independent medical examiner, where the physicians opined that her back injuries were not related to the November 2010 accident.
Defendant argued that plaintiff’s nursing home stay was not the direct result of the injuries she suffered in the crash, and that defendant did not owe her reimbursement.
Plaintiff contended that her move to the nursing home was a direct result of the injuries she suffered in the accident. Plaintiff used anecdotal and photographic evidence to show that her health prior to the accident was very good, and that her posture and mobility had changed shortly after the crash.
In addition, plaintiff’s treating physician, who had treated her for 14 years prior to the accident, testified that plaintiff had no prior back problems.
A Bay County jury determined that plaintiff sustained bodily injury as a result of the November 2010 accident and was entitled to allowable expenses. The jury awarded $228,830 in expenses and $30,375 in interest.
Type of action: First-party no-fault
Type of injuries: back injuries, compression fracture in thoracic region
Court/Case no./Date: Bay County Circuit Court; 11-3957-NI; Sept. 19, 2013
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