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22-year-old Jonely was a passenger in a Mazda which was struck by a semi-tractor trailer 3 times, pushing the Mazda off into a grass field.
Jonely suffered a 3 mm L4/L5 lumbar protrusion that impinged the exiting nerve root and thecal sac, which resulted in chiropractic care, pain management, and, eventually, surgical recommendation.
Defendant disagreed. They claimed the sideswipes would not cause disc protrusions nor did the defense doctors ‘see’ any protrusions.
Moreover, defendant claimed that Jonely would need only 6 to 8 weeks of chiropractic care for neck and back pain; that Jonely had a fall in high school where she may have had spinal problems; and that Jonely worked overtime in the first year after the accident. Defendant also claimed that all of Jonely’s doctors worked on liens, which encouraged them to provide unnecessary care.
However, Jonely was required to use a wheelchair to get around. In fact, she was wheelchair bound at trial.
After a 7-day trial and 4 hour jury deliberation, Jonely was awarded $1,094.494.
Past medical expenses $122,794; Future care $235,700; Loss of Earnings $378,000
Alce vs. AMRI Transportation, Inc
Bakersfield Superior Court BCV 17 100332. Friday June 4, 2021. Hon David Lampe.
PRACTICE TIPS
- Whenever your patients get hit by a tractor trailer, there is at least $1,000,000 insurance coverage.
- An appealing patient is usually 50% of the value of any case.
- Smart collaboration with pro-chiropractic MDs often result in higher value cases.
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