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$________ – Uninsured motorist claim – High speed rear end collision – Cervical and lumbar disc injuries – Damages/causation only – No permanent injury found.

Duval County, FL

This action arose from a collision to the rear of the plaintiff’s vehicle by an uninsured driver. The claim against the tortfeasor was stayed as a result of a bankruptcy filing, and the case proceeded against the defendant insurance company as an uninsured motorist claim. The defendant stipulated to the tortfeasor’s negligence in causing the collision. Accordingly, the case was tried on the issues of damages and causation only.

The plaintiff was a man in his late 50s at the time of the collision. The plaintiff contended that the impact occurred at high speed, and caused a total loss to his vehicle. The plaintiff introduced photographs showing substantial damage to his vehicle as a result of the collision, and ought medical care within 48 hours of the collision.

The plaintiff was diagnosed with annular tears and disc protrusions in his cervical and lumbar spine, which his doctors causally related to the accident. The plaintiff will require ongoing injections for pain, and faces the possibility of future surgery, according to testimony offered.

The defendant’s orthopedic surgeon opined that the plaintiff’s neck and back conditions were degenerative, and not caused by the subject collision. The jury found that the plaintiff did not sustain a permanent injury as a result of the accident. The plaintiff was awarded $________ in past and future medical expenses.

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