Case details
Motorist claimed back injuries aggravated by rear-end crash
SUMMARY
$300000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
back, bulging disc, neck
FACTS
On Aug. 3, 2007, the claimant, a 46-year-old salesman and serviceman for copy machines, was operating his vehicle on northbound Interstate 5 when traffic came to a crawl. As a result, he slowed significantly to approximately 10 mph, causing the driver behind him to slow down. However, the driver ended up rear-ended the claimant’s vehicle, causing minimal property damage. The other driver was unhurt, but the claimant claimed to his back and right dominant shoulder. The claimant sued the other driver and sought further recovery via the supplementary-underinsured-motorist provision of his own insurance policy. The other driver ultimately admitted liability for the accident., The claimant was not treated at the scene and first saw a physician about one week later. The claimant claimed the accident caused a small labral tear of the right shoulder and an aggravation of his back’s disc bulges at multiple levels. The claimant alleged that the other driver’s insurance policy limit of $100,000 was insufficient to cover his damages and subsequently demanded additional funds from his own insurance carrier. The claimant’s underinsured-motorist carrier disputed the nature and extent of the damages alleged. The carrier contended that the claimant’s pre-existing multiple sclerosis was the source of the majority of the claimant’s , and not due to the motor vehicle accident. It also contended that the claimant did not sustain a labral tear, that the bulges pre-existed the accident, and that the claimant never treated his alleged , never got surgery and never had epidural injections. The carrier further contended that the reduction in the claimant’s income was a function of the recession since the carrier was in the used copy machine business. In addition, the carrier contended that disc bulges are normal for someone the claimant’s age, which was 46. In response, the claimant claimed that if the disc bulges were pre-existing, they were asymptomatic and were aggravated by the accident. He also claimed that his pre-existing MS was in remission and was not a cause of his pain.
COURT
Matter not filed, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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