Facts

Claimant Dolores Ramirez was covered by an Under-insured Motorist Policy with Respondent Allstate. On June 12, 2017, her vehicle collided with an under-insured vehicle making an illegal left turn. She declined the ambulance offered by the paramedics but was later taken by her family to a hospital and was diagnosed with blunt injury to her chest.

CLAIMANT'S CONTENTIONS: Claimant contended she had no preexisting condition in her neck or back other than the degenerative changes of the discs, Spondylosis, which is a normal finding in a woman in her early 60s. Past medical records are absent of any chronic neck or back pain. She contended that the pain and suffering she experienced, and the impact on her life was significant and has changed the trajectory of her planned retirement.

RESPONDENT'S CONTENTIONS: Respondent contended through an expert that claimant did not need the level of chiropractic treatment that she received. The injuries claimant complained of in her neck and shoulders were not from the collision, but instead from a preexisting degenerative condition.

Specials in Evidence

Plaintiff claimed $44,633.45 in medical costs; and $6,375 in lost earnings.

Injuries

Claimant was a nurse and was unable to return to work for one month. She began chiropractic therapy and also received two cervical interlaminar epidural steroid injections for pain from Dr. Michael Moheimani, an orthopedic surgeon. Dolores Ramirez claimed cervical instability at the C4-C5 level.

Result

The jury awarded plaintiff a $151,008.45 verdict.