Defense claims symptoms are a natural progression of his prior back problems
On Dec. 18, 2009, defendant negligently drove an uninsured vehicle into the driver’s side front panel of plaintiff John Doe’s vehicle, forcing him into the guardrail. Doe’s car was totaled, and he suffered a torn scapholunate ligament in his left wrist, which cannot be repaired surgically; aggravation of a pre-existing back condition; a possible disc herniation of L4-L5; and aggravation of his pre-existing cervical symptoms.
Doe missed a total of 211 hours of work as a result of injuries from the accident, and defendant Insurance Company did not pay his $2,794.27 wage loss or his noneconomic damages
On May 14, 2010, Doe was stopped at a red light, when uninsured defendant ran his pickup truck into the rear of Doe’s vehicle. As a result of this crash, Doe suffered injuries, including aggravations of: his prior low back condition; his prior radicular pain, to the point where he was unable to sit, stand, walk or do anything for a sustained amount of time; his pre-existing disc bulge above L4, with nerve compression; and his underlying neck condition, which resulted in increased pain.
As a result of the second crash, Doe missed substantial additional work time. Two defense medical evaluations determined that Doe could return to work, but by then he had been terminated by his employer for missing work.
Plaintiff argued that defendant owed additional wage loss of approximately $42,000 through three years from the date of the May 2010 crash, in addition to out-of-pocket medical expenses, mileage, and noneconomic damages for pain and suffering, mental anguish and decreased enjoyment of life.
Defendants’ medical experts argued that plaintiff’s symptoms are a natural progression of his prior significant back problems, and a defense radiologist disputed plaintiff’s claim that his condition was aggravated by each of the crashes.
Defendants also contended that the second crash was less severe than the first because there was minor damage to plaintiff’s vehicle.
At mediation, a settlement was reached for $97,000 in uninsured motorist benefits for the December 2009 crash; $97,000 in uninsured motorist benefits for the May 2010 accident; and $56,000 in unpaid wage loss, mileage and medical bills not covered by plaintiff’s health insurance, for both crashes.
Type of action: First-party no-fault, uninsured motorist
Type of injuries: Torn ligament in left wrist, aggravation of pre-existing back condition and cervical symptoms
Court/Case no./Date: Washtenaw County Circuit Court; 11-1103-NI; April 17, 2013
Settlement amount: $250,000
Special damages: $56,000 wage loss
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