Facts

On July 1, 2005, the defendant negligently made a left turn in front of the plaintiff's vehicle. The plaintiff was unable to avoid collision and the front of his vehicle struck the passenger side of the defendant's vehicle. There was $5,600 in property damage to plaintiff's vehicle. The defendant admitted liability at trial.

Following the accident, the plaintiff developed neck pain, which became chronic. He has received ongoing, periodic chiropractic treatment. An MRI taken five months post accident showed a disc bulge at C5-6. He was 31 years of age at the time of the accident.

The treating chiropractor testified that the neck pain is chronic and requires ongoing treatment. He also testified that the plaintiff will require cervical fusion surgery in the next five years.

Dr. Whiting testified that given the plaintiff's chronic pain, the only way he will get permanent pain relief is by undergoing cervical fusion surgery. This surgery will cost between $80-100,000.

The defendant's expert testified that the plaintiff's chronic neck pain was not caused by the accident but was due to his degenerative disc disease, which pre-dated the accident. He disputed the reasonableness or necessity of ongoing chiropractic treatment and testified that he is not a surgical candidate since he has no neurological symptoms such as radiculopathy.

Settlement Discussions

The plaintiff demanded $30,000, reduced to $25,000. The defendant's final offer was $20,000 with refusal to pay anything more.

Damages

Specials in evidence totaled $6,208.

Injuries

Cervical strain resulting in disc bulge at C5-6.

Result

Verdict, $84,550 plus pre-judgment interest and costs per C.C.P. 998.

Deliberation

2.5 hours

Length

four days