Carrier: injuries degenerative, not traumatic
Plaintiff brought forth a claim for uninsured motorist bodily injury benefits against defendant 21st Century Insurance Company, arising out of a hit-and-run collision on Detroit’s east side on Sept. 9, 2011. Plaintiff’s SUV was struck on the rear driver’s side at the residential intersection of Casino Avenue and Landsdowne Street.
Plaintiff did not immediately feel his injuries but went to urgent care the day after the crash. He followed up with the emergency room the day after that, complaining of pain in his neck, back, shoulders and head. Thereafter, he received chiropractic treatment and physical therapy.
MRIs revealed herniated discs in his neck and lower back. Plaintiff underwent a translaminar lumbar epidural steroid injection and two SI joint injections. He missed one year of work as a Hi-Lo operator.
Defendant argued liability, citing that plaintiff had a stop sign at the intersection whereas the hit-and-run driver did not. In support, defendant provided testimony from an accident reconstructionist who performed an analysis. Additionally, defendant’s medical experts asserted that the problems in plaintiff’s neck and back were degenerative rather than traumatic in nature.
After a four-day trial, the jury deliberated for an hour and found that the hit-and-run driver’s negligence was a proximate cause of plaintiff’s injuries and awarded plaintiff $50,000.
Type of action: Uninsured motorist bodily injury
Type of injuries: Cervical and lumbar herniations
Court/Case no./Date: Wayne County Circuit Court; 12-000653-NI; Jan. 24, 2014
Verdict amount: $50,000
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