Frank, a 62-year male travelling on the 101 FWY, is going to work at Rite Aid. Frank’s speed was at 55 mph when he was rear-ended by defendant driving at 65 to 70 mph pushing Frank across two lanes on the freeway and into the center divider. The front and rear of his car were demolished, all air bags exploded.
Discharged from ER the same day Frank sought care from his chiropractor. He was off work for 6 months. Most of his complaints had subsided. Frank still suffered low back pain. He was referred to an orthopedist. In a year Frank received a set of medial branch facet block injections.
Frank’s medical bills were slightly over $30,000. Defendant’s Geico policy limits was $100,000. Frank demanded the policy limits and defendant’s final offer to settle was $50,000. The orthopedist who was hired by the defense admitted in trial he was paid $30,450 for his testimony.
The jury awarded $434,712.75. The jury believed the chiropractor and his patient.
March 10, 2020, Honorable James Kaddo, Van Nuys Superior Court.
PRACTICE TIPS
1. In moderate to severe collisions take extra time evaluating patients over 60 years old.
2. Air Bags are strikingly injury-producing.
3. Note this patient suffered three major impacts in 2 seconds.
4. Quite often surgery takes place many months or years following the accident.
