INJURED DRIVER OBTAINS JURY VERDICT OF $200,515 IN MINOR REAR END IMPACT IN WASHINGTON COUNTY, MD
On 7/23/09, Plaintiff was rear ended by a tractor trailer in Hagerstown and sustained very minor property damage. Plaintiff had been in pain management for chronic low back pain for 4 yrs leading up to the accident. Liability was stipulated but defense claimed Plaintiff sustained no injuries due to the same old problem and continuing treatment for same before and after the accident. Plaintiff claimed that she required a lumbar ALIF surgery (removal of the L5-S1 disc with insertion of a cage and screws) following a positive discogram, then experienced complications (an incisional hernia), for which Plaintiff underwent an open ventral hernia repair (with insertion of a mesh patch). Plaintiff also claimed the back surgery was unsuccessful and put additional pressure on the L4-5 disc, for which another decompression surgery was recommended by her neurosurgeon. Plaintiff played video testimony of her treating neurosurgeon and pain management doctors. Defendant surprisingly decided NOT to play the expert Ronald Cohen, M.D.’s video at trial (saying that Plaintiff’s attorney’s cross examination was 75% of the 2.25 hour long video testimony).
State Farm’s pre-trial offer was a mere $10,000.