Tracy Hendrix obtained a favorable verdict for her client in a motor vehicle accident case where the accident occurred 19 years before the trial.
The defense stipulated to liability but contested causation and extent of damages. The defendant merged onto Meighan Blvd from Rainbow Drive and proceeded to cross over two lanes and ultimately struck the plaintiff who was traveling in the far inside lane. The defendant was attempting to move over in order to complete a U-turn at the first intersection after merging onto Meighan Blvd. The plaintiff argued for wantonness to go to the jury, but defendant’s motion for judgment as a matter of law was granted on that issue. The plaintiff claimed injuries to his neck (disc bulging) and left shoulder (which ultimately resulted in surgery in 2013). The plaintiff immediately complained of neck and left shoulder pain after the accident, but after a few visits with his primary care physician, had a small gap in treatment and then treated with a chiropractor. He then had a large gap in treatment of approximately five years and treated again for his shoulder pain and ultimately had surgery for a rotator cuff repair. A MRI of the cervical spine in 2012 revealed two bulging discs. A previous MRI in 2001 did not show the bulging discs, but it was noted on the report that the image was somewhat degraded, possibly due to movement. There were no known pre- existing issues. The plaintiff submitted medical testimony via deposition from the plaintiff’s primary care physician Dr. Sanders and Dr. Horn who performed the shoulder surgery. The plaintiff submitted retail medical specials of approximately $60,000, with subrogation and out of pocket expenses totaling approximately $10,000. The plaintiff’s last demand was $85,000, and defendant’s last offer was $15,000. The verdict was for $12,500.