description


New Jersey Verdicts

Find out about the most important recent New Jersey cases, selected by VerdictSearch editors. Coverage includes Essex, Hudson and Middlesex counties.

Subscribe to VerdictSearch New Jersey for access to all New Jersey verdictsSubscribe

Chain-reaction impacts left car passenger with neck condition

Amount:

$1,200,000

Type:

Verdict-Plaintiff

State:

New Jersey

Venue:

Atlantic County

Court:

Atlantic County Superior Court

Injury Type(s):

back-lower back neck-bulging disc, cervical; neck-herniated disc (herniated disc at C3-4), cervical(herniated disc at C3-4); neck-herniated disc(herniated disc at C5-6), cervical(herniated disc at C5-6); other-physical therapy; other-epidural injections; neurological-radiculopathy

Case Type:

Insurance - Coverage; Motor Vehicle - Passenger, Rear-ender, Multiple Impact, Multiple Vehicle, Underinsured Motorist

Case Name:

Michele Davis v. Allstate Insurance Co., No. ATL-L-5427-14

Date:

January 19, 2017

Parties

Plaintiff(s):

Michele Davis (Female, 41 Years)

Plaintiff Attorney(s):

Jennifer Cassett; The Law Firm of Christopher A. Brown; Atlantic City, NJ, for Michele Davis

Plaintiff Expert(s):

Allan Cummings; M.D.; Diagnostic Radiology; Northfield, NJ called by: Jennifer Cassett ■ Andrew Glass; M.D.; Neurosurgery; Somers Point, NJ called by: Jennifer Cassett

Defendant(s):

Allstate Insurance Co.

Defense Attorney(s):

Rob Morello; Law Offices of Pamela D. Hargrove; Wall, NJ, for Allstate Insurance Co.

Defendant Expert(s):

Roy Friedenthal; Orthopedic Surgery; Hammonton, NJ called by: Rob Morello

Facts:

On Aug. 27, 2008, plaintiff Michele Davis, 41, was a rear-seat passenger in a Nissan Altima traveling on Delilah Road in Egg Harbor Township. When the car was waiting to enter an intersection, it was struck from behind by a vehicle driven by Ginnie Dawson. The impact caused the Altima to strike a vehicle stopped in front of it. Davis claimed injuries to her neck and back. Dawson agreed to tender her full insurance policy, of $15,000. Davis sued her insurer, Allstate Insurance Co., seeking payment of underinsured motorist benefits. Although the suit was against Allstate, the case caption was amended prior to trial to Davis v. Dawson, to prevent a prejudiced jury verdict. Liability was not in dispute.

Injury:

Davis was taken by ambulance to the emergency room of AtlantiCare Regional Medical Center, where she was examined and released later that day. Davis was ultimately diagnosed with a cervical intervertebral disc herniation at C3-4 and a disc bulge at C4-5. Following EMG studies, she was diagnosed with radiculopathy stemming from vertebra C5 and radiating into her upper extremities. Davis initially complained of low-back pain but was not diagnosed with any discernible lumbar spine injury. Several years after the collision, Davis was diagnosed with a C5-6 disc herniation, which she believes resulted from the 2008 collision. Davis initially treated with her family physician and underwent eight months of physical therapy. She received two epidural injection of a steroid-based painkiller at the cervical spine. A neurosurgeon recommended spinal surgery. She had not undergone any surgical procedure by the time of trial. Davis complains of chronic neck pain, which she claims makes caring for her elderly grandmother very difficult. Her treating neurosurgeon testified in a video deposition that Davis' disc herniations and disc bulge were traumatically induced by the 2008 collision. Allstate disputed damages, arguing that Davis' cervical conditions were entirely pre-existing and had no relation to the 2008 collision. Allstate's expert orthopedic surgeon testified that Davis' disc pathology was the result of longstanding degeneration.

Result:

The jury found that Davis sustained a permanent injury from the collision. She was awarded $1.2 million in unspecified damages.

Trial Information:

Judge:

James P. Savio

Trial Length:

4  days

Trial Deliberations:

4  hours

Jury Vote:

unanimous

Jury Composition:

unknown

Editor's Comment:

This report is based on information that was provided by plaintiff's counsel. Defense counsel declined to contribute.