Degenerated Cervical Disc

2001 WL 1044817 (FJVR) Copyright (C) 2003 by Florida Legal Periodicals, Inc. TITLE: OSCAR XXXXX vs. WILLIAM MATETZSCHK DOCKET-NUMBER: 05-1998-CA-013082 VENUE: Court: Florida Circuit Courts COUNTY: Brevard STATE: Florida YEAR: June 7, 2001 (Verdict/Settlement Date)

TOPIC: Motor Vehicle Accident/Multiple Collisions.

SUMMARY: Nature of Injury: Accelerated degenerative disc at C5-C6; soft tissue injuries in neck and back. Defendant contended there was no objective evidence of any injury and the degenerated disc was a result of the aging process.

Verdict: $73,108 for Plaintiff on June 7, 2001

Demand by Plaintiff: $6000.00
Offer by Defendant:   $101.00

$14,374 - past medical expenses;
$1,734 - past lost wages;
$26,000 - present value of future medical expenses;
$5,000 - past pain and suffering;
$26,000 - future pain and suffering.

Plaintiff Information: Age: 48 Sex: M Occupation: Juvenile Corrections Officer RANGE AMOUNT: $50,000-$99,999

ATTORNEY(S): Plaintiff's: > David J. Gorewitz, Melbourne Defendant's: >
XXXXXXX of Dickstein, Reynolds & Woods, W. Palm Beach
JUDGE: George W. Maxwell, III

EXPERT-WITNESSES: Plaintiff's: >
Christopher Prusinski, D.O., Neurology, Melbourne >
Gregory Priest, D.C., Chiropractic, Melbourne

Defendant's: > William Sunter, M.D., Neurology, Melbourne

TEXT: Cause of Injury: On March 2, 1996, in the late afternoon, Plaintiff was traveling on I-95 in Melbourne when his vehicle struck a stopped vehicle, and Plaintiff's vehicle was then rear- ended by Defendant's vehicle. Defendant denied liability and alleged Plaintiff was at fault for the entire accident.

NOTES: Plaintiff's Attorney's Comments: Plaintiff's first proposal of settlement was for Allstate's policy limits of $15,000. Allstate responded with a proposal of $101. Plaintiff later demanded $9,000 and after mediation filed a final proposal for $6,000 which expired. Before trial, Allstate attempted to settle for $6,200, which was rejected by Plaintiff. The Court gave a directed verdict on liability in favor of Plaintiff. Motions for Plaintiff's Attorney Fees are pending.

Defendant's Attorney's Comments: Plaintiff's expert claimed that Plaintiff's cervical disc injury needed surgery. Defendant is appealing the directed verdict and erroneous jury instructions. Fla.Cir. 01 FJVR 7-7, 2001 WL 1044817 (FJVR) END OF

Subsequent comments by Plaintiff's Attorney: This case was appealed to the Fifth District Court of Appeals and the Florida Supreme Court over the issue of Joint Proposals of Settlement and entitlement to Attorney Fees.   Allstate paid the entire Jury award despite policy limits of only $25,000 in addition to taxable costs, post judgment interest, and the Plaintiff's attorney fees. Because of the attorney fees awarded by the court, Plaintiff was fully compensated for his injury without having to pay a percentage of his recovery to his attorney.

The Fifth District Opinion

The Supreme Court Opinion