Partners Tom McCausland and John Viggiani Obtain Favorable Verdict in an Admitted Liability Accident
Posted in Verdicts and Settlements on November 18, 2021
Thomas J. McCausland and John Viggiani, Partners in the firm recently obtained a favorable verdict in a 5 day jury trial in an admitted liability motor vehicle accident case in Jacksonville, Florida. The case involved a rear-end accident on northbound I-95 during stop and go traffic. The Plaintiff was driving a pick-up truck and pulling a travel trailer headed to Virginia. The Defendant driver was operating a company box truck and hit the rear of the travel trailer. Plaintiff did not go to the hospital and continued on with his trip to Virginia to pick up his wife. He was there a couple of days and then returned back to the Orlando area. At no time did the Plaintiff seek medical care or treatment. The Plaintiff's first medical care was 13 days after the accident.
The Plaintiff had a long-standing medical history of lower back pain and problems which included a lumbar fusion in 2016 two years before the accident in the case. He was deemed permanently disabled in 2013 related to his lower back injury. He was treating regularly after his lumbar surgery and was going monthly to a pain management physician for treatment and his regular prescription for Gabapentin. He had no prior documented history of neck pain or problems.
In his initial treatment following the accident in the case, Plaintiff complained of headaches, neck and back pain. He continued to treat with the same pain management physician. The pain management treatment and recommendations for the Plaintiff's care and treatment were the same before and after the accident including the need for medication, injections, ablations, and a spinal cord stimulator. Almost 2 years after the accident, the Plaintiff undergoes an additional lumbar surgery. Following this, he undergoes a ACDF almost 2 1/2 years after the subject accident.
In trial, Plaintiff openly and repeatedly admitted the history of lower back pain and problems but asserted that he had bariatric surgery and lost close to 100 pounds. This helped relieve his prior back pain and then the accident occurred and made it significantly worse to the point of needing additional medication, injections, ablations, a recommendation for a spinal cord stimulator and then ultimately another back surgery. He denied any prior neck problems or complaints and claimed this accident caused his neck pain and resulting cervical fusion.
Plaintiff's treating pain management physician, who saw the Plaintiff both before and after this accident, confirmed that the treatment and recommendations for continued care were the same from both before and after this accident. He further confirmed that the treatment and recommendations for continued care were the same from both before and after this accident. As to the cervical spine, he admitted that his monthly neurological tests failed to show or note any radicular symptoms. Defendant's CME expert noted that after review of the records, diagnostic studies and his examination of the Plaintiff, that neither the Plaintiff's neck nor his back complaints were related to this accident. This doctor testified that the Plaintiff's back complaints were the same before and after the accident and there was no need for any surgery. This was confirmed by the Plaintiff's own prior back surgeon who saw the Plaintiff within a few months after this accident and no reference was made to any need for care as to his cervical spine. The CME physician further testified that the Plaintiff's cervical complaints did not have any radicular component to them and there was no need for a cervical surgery related to the accident but due to long standing degenerative conditions.
Plaintiff asked the jury for past medical bills of $132,000 and for future medical care of between $280,000 and $430,000. The jury was asked to award past and future pain and suffering in the amount of $3,000,000.00. The jury came back and determined the Plaintiff did not sustain a permanent injury and awarded the Plaintiff only his past medical bills of $132,000. The verdict was reduced by PIP payments and the amount previously paid to settle the driver out of the case leaving a remaining amount of $28,000. The Defendant had filed a Proposal for Settlement for $200,000 which was not accepted. The Defendant has a Motion for fees and costs pending.