Third Party Auto and Trucking

Court/Case No: Macomb County Circuit Court/16-1536-NI

Tried/Argued Before: Judge

Demand: $3.5 Million

Verdict: $0 – Order for No Cause of Action granted

Name of Judge(s): Honorable James Biernat Sr.

Keys to the Case:

This was a sideswipe accident involving a tractor-trailer and a passenger car. Plaintiff alleged that he was driving in his passenger car in the right lane when all of a sudden a tractor-trailer attempted to merge into his lane of travel causing a sideswipe and pushing his car against the curb. Plaintiff contended that he suffered severe neck and lower back injuries in the accident, which resulted in three spinal surgeries including a cervical fusion, lumbar fusion and a sacroiliac joint fusion. Defendants admitted liability as to how the accident occurred, but contested whether Plaintiff suffered any injuries in the accident. Plaintiff asked the jury for approximately $3.5 million.

At trial, Plaintiff presented two treating orthopedic surgeons that related the injuries to the accident. Defendants called two orthopedic surgeons, a neuroradiologist and a biomechanical engineer. Both orthopedic surgeons testified that Plaintiff’s complaints were degenerative in nature and did not find any objective evidence of traumatic injuries from the accident. The neuroradiologist compared pre-accident diagnostic films of Plaintiff’s neck and lower back against post-accident diagnostic films finding that there was no objective change in the comparison studies. Finally, the biomechanical engineer analyzed the accident and found that the force involved in this accident was not enough to force herniations in Plaintiff’s spine and that the forces involved were nothing more than what the body experiences every day.

Defense SW attorney(s) Involved in Case: Mark F. Masters and Matthew J. Consolo

Result Date: 05/25/2018
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