Facts

Plaintiff Jonely Alce, 22 years old, was traveling as a passenger in a Mazda four-door sedan from Velasco Texas to San Antonio Texas to attend a religious service.

As Alce's vehicle was traveling straight on the highway, a semi tractor trailer entered her lane, striking her vehicle three times sending it off the road on to a grass field.

PLAINTIFF'S CONTENTIONS: Alce developed neck and back pain, received physical therapy, chiropractic care, pain management and ultimately a surgical recommendation to her lumbar spine. Alce did not have the surgery scheduled at the time of trial.

The subject collision caused Alce to suffer a 3 mm L4/5 lumbar protrusion that impinged the exiting nerve root and thecal sac resulting in conservative care, pain management and a surgical recommendation.

DEFENDANT'S CONTEIONTS; The collision was a sideswipe, which does not cause lumbar protrusions.

No protrusions were seen on the MRIs per defense experts.

Alce only suffered strains and sprains which caused 6 to 8 weeks of neck and back pain.

Alce had a fall in high school where she had x-rays to her neck and back which were not available to see if she had any spinal problems that pre-dated the subject collision.

Alce also suffered three subsequent injury causing events which caused her prolonged treatment.

Alce was able to work extensively during the first year and a half after the collision so she was not injured as badly as she was claiming.

Alce's treatment was provided on a lien basis which encouraged the providers to provide unnecessary treatment per defense experts.

Settlement Discussions

Plaintiff made a CCP 998 demand of $205,000; Defense made CCP 998 offer of $125,000.

Specials in Evidence

Meds: $122,794 Future Meds: $235,700

Damages

Past and Future Medical Expenses; Past and Future General Damages

Injuries

Alce suffered 3 mm L4/5 lumbar protrusion that impinged the exiting nerve root and thecal sac. Alce developed neck and back pain, received physical therapy, chiropractic care, pain management and ultimately a surgical recommendation to her lumbar spine. Alce did not have the surgery scheduled at the time of trial.

Result

Jury verdict of $1,094,494

Other Information

Plaintiff is seeking $230,000 in interest and $90,000 in costs.

Deliberation

four hours

Poll

10-2

Length

seven days