Cervical Herniated Disc

FLORIDA. . . .. . [BREVARD COUNTY] MOTOR VEHICLE Carpet installer claimed disc will require surgery Mixed Verdict $451,985 Case Clarence XXXX v. Parris O'Neal, No. 05-2002-CA-009693 Court Brevard County Circuit Court, 18th Judge Larry Johnson Date 6/24/2004

Plaintiff Attorney(s} David J. Gorewitz, Law Offices of David J. Gorewitz, Melbourne, FL
Defense Attorney(s} XXXXXX, Fisher, Rushmer, Wenenrath, Dickson, Talley & Dunlap, Orlando, FL

Facts & Allegations On Sept. 11, 2000, plaintiff Clarence XXXXX, 50, a carpet installer, was driving a Chevrolet van on Baytree Road in Viera. His van struck a Honda Civic driven by defendant Farris O'Neal, who was stopped at a stop sign on an intersecting side street. Her car was hit when she attempted to cross the intersection. XXXXX sued O'Neal, claiming she was negligent because she drove into the path of XXXXX's right of way from a stop sign. O'Neal claimed that XXXXX was at fault for not paying attention and for driving too fast for conditions. Defense also noted that it was a minimal impact accident. XXXXX went to the hospital that day complaining of neck pain.

Injuries/Damages: herniated disc at C3-C4 XXXXX suffered a herniated disc at C3-4 that he claimed would eventually require surgery. He claimed that the injury hindered his ability to perform his job as a carpet installer and caused significant pain. He was able to work after the accident, however he claimed the injury slowed down his pace and reduced his hours he could work per day because of the pain. He claimed past lost wages of $40,000 and lost future earnings of $110,000. He claimed past medical costs of $31,984.55 and future medical costs of$75,000. He claimed past and future pain and suffering. He claimed that after the accident he never felt like doing any recreational activities because of the pain. His wife testified that in the four years since the accident he only went to the movies once because he never felt like going out anymore.

Defense contended that XXXXX's herniated disc was a preexisting condition that was caused by the aging process.

Result The jury found for the plaintiff five percent negligent and the defendant 95 percent negligent and awarded the plaintiff $451,984.55.

Plaintiff(s) Clarence XXXXX
$31,985 past medical cost
$65,000 future medical cost
$40,000 past lost earnings
$110,000 future lost earnings
$130,000 past pain and suffering
$75,000 future pain and suffering

$451,985 plaintiff's total award

Demand $40,000

Offer $10,000 Insurer(s) USAA Insurance Company (for O'Neal)

Trial Details Trial length: 3 Days Jury Deliberations; 3 Hours Jury Poll: None reported Jury Composition: 5 women, 1 man

Plaintiff Expert(s)
Richard Hynes, M.D., orthopedic surgery, Melbourne, FL
Gregory Priest, M.D., chiropractic, Melbourne, FL
Christopher Prusinski, M.D., neurology, Melbourne, FL

Defense Expert(s)
Anthony Mancuso, M.D., neuroradiology, Gainesville, FL
Reginal Tall, M.D., orthopedic surgery, Orlando, FL

Post-Trial Plaintiff filed a motion for costs and fees pursuant to his $40,000 proposal of settlement. Defense filed a motion for a new trial. Subsequently the case settled for $440,000.

Editor's Note None reported

Plaintiff(s) Demographics Clarence XXXXX Age: 50 Years Occupation: Carpet installer Gender: Male Married: Yes Children: Yes Children Description: 3 adult children

Written By -Jeff Skruck