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Verdict: $77,245.00 in addition to court awarded attorney fees
Offer by Insurer: $12,500
Injury: minimal herniated disc |
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Fla.Cir. 00 FJVR 3-30, 1999 WL 1697795 (FJVR) END OF DOCUMENT 1998 WL 956745 (FJVR) Copyright (C) 2003 by Florida Legal Periodicals, Inc. TITLE: HAMZA ALBERT XXXXX vs. NORTHEAST INDUSTRIAL BATTERIES, INC. DOCKET-NUMBER: 96-13187-CA-T-(D) VENUE: Court: Florida Circuit Courts COUNTY: Brevard STATE: Florida YEAR: August 14, 1998 (Verdict/Settlement Date)
TOPIC: Motor Vehicle Accident/Rear-end Collision.
SUMMARY: Nature of Injury: Plaintiff alleged a herniated disc at both the cervical and lumbar levels. Defendant denied the injuries were significant and asserted they were a pre-existing condition.
Verdict: $77,245.27 for Plaintiff on August 14, 1998
Editor's Note:
Defendant offered $12,500;
Plaintiff demanded $24,000.
$7,994 - past medical expenses;
$60,116 - future medical expenses;
$3,935.27 - lost earnings;
$400 - past pain and suffering;
$4,800 - future pain and suffering.
Plaintiff Information: Age: 34 Sex: M Occupation: Computer Engineer RANGE AMOUNT: $50,000-$99,999 ATTORNEY(S):
Plaintiff's: > David J. Gorewitz, Melbourne
Defendant's: > XXXXXXX, Jr. of Fisher, Rushmer, et al., Orlando
JUDGE: > Edward M. Jackson
EXPERT-WITNESSES: Plaintiff's: >
Gary M. Weiss, M.D., Neurology, Palm Bay >
Edward Goldstein, D.C., Chiropractic, Palm Bay
Defendant's: > Duane Seig, M.D., Orthopedic Surgery, Melbourne
TEXT: Cause of Injury: On March 16, 1994, Plaintiff was operating a vehicle on I-95 in Brevard County when the vehicle owned and operated by Defendant collided with the rear of Plaintiff's vehicle. NOTES:
Plaintiff's motion for an award of attorney's fees pursuant to his proposal of settlement is pending. Plaintiff's Attorney's Comments: Plaintiff's lost time from work was negligible. Plaintiff's medical treatment was very sporadic and included approximately seventeen chiropractic visits in 1994 when Plaintiff chose to terminate all chiropractic treatment prior to reaching maximum medical improvement because it interfered with his job. Plaintiff saw Dr. Weiss twice, the last time in 1997 when he was diagnosed with two herniated discs. Plaintiff sought no treatment after the diagnosis of his herniated discs. Defendant denied the herniations were of any clinical significance and asserted they were pre- existing. Defendant's physician conceded he had conducted "ten thousand" IME examinations during his career and was retained by the defense ninety-nine out of one hundred times. Defendant's post-trial motions were denied and judgment is pending.
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