Experts refute defense’s theory that MRIs before, after crash didn’t change
On April 22, 2011, plaintiff was a passenger on one of defendant People’s Transit Ltd.’s buses. plaintiff, a millwright, and other tradesmen were being driven on the bus from a commuter lot in Dearborn to the nearby Severstal steel plant. Defendant drove the bus.
At approximately 6 a.m., defendant disregarded a red light, ran into an intersection and hit a 2000 GMC Jimmy, striking the passenger-side front corner of the bus. The bus was pushed into the median on Miller Road.
plaintiff, who was sitting behind defendant, was thrown around the inside of the bus. He suffered herniated discs that necessitated a lumbar fusion procedure and pain injections.
Defendant admitted liability for the accident, but argued proximate cause and said that any injuries plaintiff sustained came from prior injuries. plaintiff had undergone a neck fusion in 2008 and in 2008-09 had had back problems, for which he needed physical therapy and injections. Defendants’ expert, a radiologist, testified that she could not find any differences in plaintiff’s pre-accident MRIs and post-accident MRIs
Plaintiff’s experts testified that they did see differences in the MRIs and the findings corresponded with plaintiff’s physical complaints and their findings from plaintiff’s physical exams.
A Wayne County jury determined that defendants’ negligence was a proximate cause of plaintiff’s injuries and that the plaintiff had suffered serious impairment of body function. The jury awarded $801,689 in future economic damages, $1,291,666 in past noneconomic damages and $750,000 in future noneconomic damages.
Type of action: Third-party no-fault
Type of injuries: Herniated discs, lumbar fusion
Court/Case no./Date: Wayne County Circuit Court; 12-001843-NI; Jan. 29, 2014
Tried before: Jury
Verdict amount: $2,843,355
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