SETTLEMENT: $275,000. Breakdown: $100,000 from Newbill and $175,000 from Traveler’s.
AGE: 51
SEX: M
OCCUPATION: Tailor
MARITAL STATUs: Married
The plaintiff was stopped in traffic waiting for a school bus to unload children when his vehicle was rear-ended by Defendant Newbill. The force of the impact pushed plaintiff’s vehicle forward into the vehicle in front of him. The day after the collision, plaintiff began treating for alleged injuries. Plaintiff, a 51 year old married male, claimed that he had suffered a ruptured cervical disc and two herniated lumbar discs as a direct result of the rear-end collision with defendant. At the time of trial, plaintiff had undergone two fusion surgeries and a lumbar corrective procedure. An additional surgery was possible in the future. Defendant contended that plaintiff was exaggerating the nature and extent of his injuries from the minimal impact collision. JAS Publication reserves all rights to this case summary, Copyright 2002.
Plaintiff suffered a ruptured disc in neck and two herniated discs in lower back requiring a C5-C6 anterior cervical fusion, a L4-L5 lumbar fusion surgery and an additional corrective lumbar surgery. Plaintiff claimed $222,000 in past medical specials, $70,000 in future medical specials, $72,902 in past wage loss and $400,000 in future wage loss.
Per plaintiff’s counsel, Scott Monge, the case was impacted by the substantial damages incurred by plaintiff and the prospect of future surgery. Plaintiff first entered into a limited liability release with Defendant Newbill for his $100,000 policy limits. The settlement with Traveler’s occurred later and was within the $200,000 in available uninsured motorist benefits.
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