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ARTICLE ID 1952

$________ - AUTOMOBILE NEGLIGENCE - REAR END COLLISION - ACTION FOR UNINSURED MOTORIST BENEFITS - VEHICLE STRUCK IN REAR WHILE WAITING IN LEFT TURN LANE - PLAINTIFF SUSTAINS BULGING DISC AT L4/L5.

Orange County

This action was brought by a 49-year-old female plaintiff who contended that she sustained a bulging disc at L4/L5 as a result of the tortfeasor striking her vehicle in the rear as she was waiting in a left turn lane. The tortfeasor asserted that he had thought that he was proceeding in a through lane. The plaintiff’s treating orthopedic surgeon testified that the plaintiff’s CT scan and MRI indicated a bulging disc at L4/L5. The treating orthopedic surgeon further testified that the injury was caused by the accident and that the plaintiff required traction, physical therapy and medication. The plaintiff’s treating family practitioner testified by deposition that the plaintiff’s diabetic condition may have been aggravated by the accident. The plaintiff contended that as a result of her injury she sustained residual limitations restricting her from lifting weights in excess of 20 to 30 lbs. The plaintiff’s psychologist and rehabilitation expert testified that the plaintiff’s physical restrictions would require that the plaintiff’s employment allow for her to limit the length of time she spent sitting and standing. This expert asserted that the plaintiff’s income had previously been $________ to $________ and that her earning capacity was presently $________ to $________. The defendant expert orthopedic surgeon, performing an I.M.E., testified that the plaintiff did not sustain a permanent injury from the accident. This surgeon testified that if the plaintiff did, in fact, have a bulging disc that it was caused by the aging process. The jury awarded the plaintiff $________ for pain and suffering and $________ for diminished earning capacity. Joseph vs. Allstate Insurance. Case no. 90-________; Judge William Gridley, 3-15-91. Attorneys for plaintiff: Dale Morgan and Renee Stevens of Orlando; Attorney for defendant: Steven Pyle of Orlando. Plaintiff’s expert orthopedic surgeon: Dr. Edward Farrar from Orlando. Plaintiff’s treating psychologist and rehabilitation counselor: Dr. Paul Deutsch from Orlando. Defendant’s expert orthopedic surgeon (performing I.M.E.): Dr. Joseph Urrichio from Winter Park.

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