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ARTICLE ID 37892
Rear end collision - Injuries to neck, low back and right knee - Lumbar radiculopathy - Limited tort action.
This was a limited tort action which arose from a rear end
collision to the back of a vehicle driven by the plaintiff. The
defendant admitted negligence, but denied that the plaintiff
suffered a serious impairment as a result of the accident. p 7 3
The plaintiff was a female, approximately 40 years old at the
time of the accident, which occurred on Roosevelt Boulevard. The
plaintiff testified that she continued to suffer neck and back
pain associated with the collision.
The plaintiffs physician testified that the plaintiff sustained
sprain and strain injuries to her neck, back and right knee as a
result of the accident. He opined that the plaintiff suffered
lumbar radiculopathy related to her back injury (the
radiculopathy was confirmed by impairment testing) and that the
plaintiffs neck and back injuries were permanent. The plaintiff
treated for three months following the accident.
The defendants neurologist opined that there was no objective
evidence to support the plaintiffs claim that she suffered an
ongoing injury. Evidence also showed that there was minimal
property damage to the plaintiffs vehicle as a result of the
The jury found that the defendants negligence was not a
substantial factor in causing injury to the plaintiff.
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- Determine if a case is winnable and recovery amounts.
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- Defeat or support post-trial motions through past case histories.
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