Side Impact Auto Accident – Cervical Fusion

The Peterson Bernard Team obtained a successful verdict in a jury trial involving an auto accident in St. Lucie County, Florida. The defendant admitted responsibility for the side-impact collision and the case was tried on causation and damages only. Plaintiff claimed multiple disc herniations to the cervical and lumbar spine and claimed that she needed a cervical fusion surgery as a result of the accident. The plaintiff requested approximately $700K in damages during closing arguments. We argued that the MRI films showed only degenerative changes that were not caused by the accident, and that at most the plaintiff had a temporary aggravation of her degenerative spinal condition. The jury agreed and awarded a verdict of $19K, prior to the $10K PIP set-off, which was only a portion of the plaintiff’s past medicals, and awarded no amount for future medicals or pain and suffering. The verdict was less than two proposals for settlement that were filed by the defense prior to trial.