Case details

Plaintiff claimed back injuries would require future surgery




Mediated Settlement

Result type

Not present

back, herniated disc, neck, neurological, radiculopathy
On May 31, 2010, claimant Nicole Cheatham, 40, a former administrative assistant that was on disability, was operating her vehicle when a motorist turned left into her path of travel. As a result, Cheatham could not avoid a collision. She claimed back , but the other motorist was uninsured. Cheathamsought recovery via the supplementary- uninsured-motorist provision of her own insurance policy, which was administered by Mid-Century Insurance Co. Mid-Century did not dispute that the uninsured motorist was at fault for the accident. However, it disputed the extent of Cheatham’s and damages. Thus, the parties agreed to a binding mediation., Cheatham went home after the accident, but later brought herself to a hospital. She claimed she sustained herniated discs at the C5-6, C6-7 and L5-S1 levels. Cheatham subsequently underwent aggressive treatment, which included physical therapy, chiropractic treatment and epidural steroid injections. Cheatham claimed that she still suffers severe pain and radiculopathy. She also claimed she will require a two-level anterior cervical discectomy and fusion at C5-6 and C6-7. In addition, she claimed she would also require a lumbar discectomy. Thus, Cheatham sought recovery of $60,000 in past medical expenses and $100,000 in future medical expenses. She also sought recovery of damages for her pain and suffering. Mid-Century’s counsel contended that Cheatham only suffered cervical and lumbar sprains that were superimposed on her fibromyalgia. Counsel also contended that the herniated discs pre-existed the subject accident and that Cheatham did not require any future surgery, and would never have it.
Judicate West, CA

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