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ARTICLE ID 195747

$________ GROSS Insurance obligation – Underinsured motorist claim – Rear end collision – Aggravation of preexisting neck condition – Damages/causation only – No permanent injury found.

Palm Beach County, FL

The plaintiff was a female in her early 50’s when her car was impacted from behind. The tortfeasor tendered a $________ liability policy limit, and the case proceeded as an underinsured motorist claim. The defendant insurance carrier stipulated to the tortfeasor’s negligence in causing the collision, and the case was tried on the issue of damages and causation only.

The subject accident occurred in March of ________. The plaintiff was involved in a prior motor vehicle accident in ________, and had undergone prior cervical surgery in ________. She claimed that the subject collision permanently aggravated her preexisting neck condition.

The defendant introduced photographs showing minimal property damage to the back of the plaintiff’s car as a result of the accident. The defense argued that the plaintiff’s complaints were caused by her preexisting condition, and not related to 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 medical expenses. Applicable set-offs are expected to reduce the plaintiff’s award to $0. The defendant claims entitlement to attorney fees and costs.

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