Case details

Rear-end accident caused neck injuries, claimant alleged





Result type

Not present

back, cervical, fusion, neck, stenosis
On July 6, 2015, claimant Arthur Lawley, 61, a salesman for Culligan Water, was driving on Florence Avenue, in Downey, when his vehicle was rear-ended by a vehicle operated by Jacob Sanchez. The impact caused Lawley’s vehicle to strike the vehicle directly in front of him. Lawley claimed to his neck. Sanchez’s insurer, State Farm Insurance Cos., tendered its $100,000 policy limit.Lawley then sought further recovery via the supplementary-underinsured-motorist provision of his own insurance policy, which was administered by The Hartford Insurance Co., a subsidiary of The Hartford Insurance Group., Lawley claimed that he suffered from severe stenosis at C5-7 with cord compression as a result of the accident. He subsequently presented to an emergency room on his own the next day and underwent an MRI, which revealed his condition. Lawley ultimately underwent a cervical fusion at the C5-6 and C6-7 levels, resulting in a pseudoarthrosis (incomplete fusion). Lawley claimed that he never suffered from any symptoms to his neck before the accident, but that after the collision he suffered from pain to the point of needing to undergo the cervical fusion. However, he claimed that he still suffers from pain and that he can no longer continue in his employment as a salesman due to his inability to drive long distances, which was a job requirement. Lawley further alleged that he would need at least one more surgery, and possibly two more surgeries, as a result of the accident. The respondent’s counsel asserted that Lawley’s were not causally related to the accident and that the condition and symptoms were due to Lawley’s pre-existing, degenerative disc disease and stenosis.
Matter not filed, CA

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