defense: plaintiff's symptoms resulted from pre-existing

Defense: Plaintiff's symptoms resulted from pre-existing osteophyte

Type: Verdict-Plaintiff

Amount: $13,889

State: Florida

Venue: Duval County

Court: Duval County Circuit Court, 4th, FL

Injury Type(s): • back - nerve impingement• head - headaches• neck - nerve impingement; bulging disc, cervical; herniated disc, cervical; herniated

disc at C3-4• other - chiropractic; physical therapy• shoulder• neurological - nerve impingement

Case Type: • Motor Vehicle - Passenger; Right Turn; Multiple Vehicle

Case Name: Natalie Jordan v. Lawrence Kraczkowsky, No. 16-2016-CA-004592-XXXX-MA

Date: August 15, 2019

Plaintiff(s): • Natalie Jordan (Female, 29 Years)

Plaintiff Attorney(s):

• Steven E. Earle; Morgan & Morgan, P.A.; Jacksonville FL for Natalie Jordan• Jack Krumbein; Krumbein Law PLLC; Jacksonville FL for Natalie Jordan• Brandi A. Gartrell; Morgan & Morgan, P.A.; Jacksonville FL for Natalie Jordan

Published by Verdict Search, the leading provider of verdict & settlement research

Plaintiff Expert(s):

• Lisa Hellier M.S.; Life Care Planning; Jacksonville, FL called by: Steven E. Earle, Jack Krumbein, Brandi A. Gartrell

• Jeffrey Ruterbusch D.O.; Physical Medicine; Orange Park, FL called by: Steven E. Earle, Jack Krumbein, Brandi A. Gartrell

• Michael Sandborn M.D.; Pain Management; Altamonte Springs, FL called by: Steven E. Earle, Jack Krumbein, Brandi A. Gartrell

Defendant(s): • Estate of Lawrence Kraczkowsky

Defense Attorney(s):

• Michael P. Regan Jr.; O'Hara Law Firm, P.A.; Jacksonville, FL for Estate of Lawrence Kraczkowsky

• James C. Durstein; O’Hara Law Firm, P.A.; Jacksonville, FL for Estate of Lawrence Kraczkowsky

Defendant Expert(s):

• Brandon Kambach M.D.; Spinal Surgery; Jacksonville, FL called by: for Michael P. Regan Jr., James C. Durstein

• Krishna Thirumala M.D.; Radiology; Jacksonville, FL called by: for Michael P. Regan Jr., James C. Durstein

Facts: On Dec. 9, 2015, plaintiff Natalie Jordan, a 29-year-old unemployed woman, was a rear-seat passenger of a car that was traveling on Desalvo Road, in Jacksonville, near its intersection with Beach Boulevard. The vehicle's driver moved into the right lane in an attempt to turn onto Beach Boulevard.

Lawrence Kraczkowsky was driving a sport utility vehicle on Desalvo Road in the same direction. Kraczkowsky was to the left of Jordan's vehicle, and he attempted to make a right turn at the intersection at the same time Jordan's vehicle did. There was no lane for Kraczkowsky to make this turn, so the right front side of his vehicle struck the left front side of the sedan. Jordan claimed that she suffered injuries of her neck and a shoulder.

Jordan sued Kraczkowsky. Jordan alleged that Kraczkowsky was negligent in the operation of his vehicle.

Kraczkowsky died of unrelated causes after the lawsuit had been filed. His estate was substituted as a defendant.

The defense admitted liability. The matter proceeded to damages.

Injury: Jordan was placed in an ambulance and transported to St. Vincent's Medical Center. She was treated and released.

Jordan ultimately claimed that the accident caused a sprain of her left shoulder. She was also diagnosed with a protrusion-type herniation of her C3-4 intervertebral disc that compressed on her C4-5 nerve root. She additionally had trauma that produced a bulge at C6-7.

Jordan underwent approximately four months of chiropractic care. She then became


Injury:

pregnant and stopped regular treatment. However, she did go to the Baptist Medical Center emergency room several times over the next few years, due to continued neck pain and headaches. She was treated and released each time.

In March 2019, Jordan began a course of pain management treatment. This treatment was ongoing at the time of trial. The following month, Jordan was administered a cervical facet joint injection. However, the injection did not alleviate her symptoms. Her doctor recommended that she try a medial branch block injection. From there, she would need either future radiofrequency ablation or an epidural injection of a steroid-based painkiller. The physician testified at trial that Jordan would need a lifetime of pain management treatment.

Jordan additionally started a course of physical therapy in June 2019. She had an ongoing prescription for this therapy at the time of the trial. Jordan's expert life-care planner opined that Jordan would need medications, ablation and possible injections, along with chiropractic treatment and/or physical therapy.

Jordan stated that her injuries make it difficulty for her to lift items. She often drops things when shopping, and therefore she needs her children to help her. She also said that she has trouble exercising and trouble playing sports with her kids.

Jordan sought recovery of past and future medical expenses and damages for past and future pain and suffering.

The defense maintained that the accident was a minor impact and that there was no evidence of an acute or traumatic injury. The defense's expert spinal surgeon opined that Jordan at most sustained a temporary sprain and that the accident did not cause a permanent injury.

The defense also retained an expert radiologist, who disputed whether Jordan had a cervical herniation. The expert stated that it was not a herniation impinging on Jordan's spinal cord, but rather an osteophyte that predated the accident. Defense counsel argued that tests from Jordan's initial emergency room visit after the accident showed the osteophyte.

Defense counsel further argued that Jordan's treating doctors were biased witnesses because they had signed letters of protection. The defense additionally presented a surveillance video that showed Jordan carrying heavy bags of groceries. The defense also pointed to Jordan's large gap in treatment.

Defense counsel also argued that there was no foundation for most of Jordan's claimed life-care plan.


Result: The jury determined that Jordan's damages totaled $13,889.28. The award solely addressed her past medical expenses.

Plaintiff's counsel filed a motion to tax costs and a motion for a new trial. Defense counsel filed a motion for setoffs. The defense claimed that once these setoffs were applied, the net judgment would be less than 25 percent of the defense's prior proposal for settlement. Defense counsel thus maintained that it was entitled to fees and costs as well, and filed the appropriate motions.

Both sides ultimately resolved the case and withdrew the pending motions. The parties agreed that Jordan would not receive any monetary award, and that each side was responsible for its own fees and costs.

Trial Information:

Judge: Gary L. Wilkinson

Trial Length: 4 days

Trial Deliberations:

155 minutes

Jury Vote: 6-0

Editor's Comment:

This report is based on information that was provided by defense counsel. Additional information was gleaned from court documents. Plaintiff's counsel declined to contribute.


Defense claimed plaintiff's injuries pre-dated crash


Amount: $21,000

State: Florida

Venue: Volusia County

Court: Volusia County Circuit Court, 7th, FL

Injury Type(s): • back - stenosis; annular tear; fusion, lumbar; strain, lumbar; herniated disc, lumbar; herniated disc at L3-4; herniated disc, lumbar; herniated disc at L4-5

• neck - stenosis; annular tear; bulging disc, cervical; herniated disc, cervical; herniated disc at C5-6; herniated disc, cervical; herniated disc at C6-7

• other - bone graft; chiropractic; physical therapy; pins/rods/screws; aggravation of pre-existing condition

• neurological - radiculopathy• surgeries/treatment - discectomy; laminectomy; laminectomy, lumbar

Case Type: • Motor Vehicle - Rear-ender; Multiple Vehicle; Automobile Insurance; Underinsured Motorist

• Insurance - First-party Benefits

Case Name: Harvey Bonin II v. Darnell C. Wright, No. 2016 30185 CICI

Date: January 31, 2019

Plaintiff(s): • Harvey Bonin II (Male, 42 Years)


• Karen Wasson; Dan Newlin Injury Attorneys; Orlando FL for Harvey Bonin II• Scott Liotta; Dan Newlin Injury Attorneys; Orlando FL for Harvey Bonin II


• John A. Ortolani M.D.; Neurology; Daytona Beach, FL called by: Karen Wasson, Scott Liotta

• Stefan Pribil M.D.; Neurosurgery; Port St. Lucie, FL called by: Karen Wasson, Scott Liotta


Defendant(s): • Darnell C. Wright• State Farm Mutual Automobile Insurance Co.


• None reported for Darnell C. Wright• William Seitz; Hassell-Legal, P.A.; Daytona Beach, FL for State Farm Mutual

Automobile Insurance Co.• Amber Davids; Hassell-Legal, P.A.; Daytona Beach, FL for State Farm Mutual

Automobile Insurance Co.


• Charles H. Bush M.D.; Radiology; Gainesville, FL called by: for William Seitz, Amber Davids

• Kenneth B. Hawthorne Jr. M.D.; Orthopedic Surgery; Ormond Beach, FL called by: for William Seitz, Amber Davids

Facts: On April 24, 2015, plaintiff Harvey Bonin II, a 42-year-old unemployed man, was driving west on the 1900 block of West International Speedway Boulevard, in the city of Daytona Beach. While Bonin was stopped in traffic, his sport utility vehicle's rear end was struck by a car that was being driven by Darnell Wright, who had executed a right turn onto West International Speedway Boulevard, from Bayless Boulevard. Bonin claimed that he suffered injuries of his back and neck.

Bonin sued Wright. Bonin alleged that Wright was negligent in the operation of his vehicle.

Bonin did not believe Wright's insurance policy was sufficient to cover his injuries, so he also sought recovery through the underinsured-motorist provision of his own insurance policy, which was administered by State Farm Mutual Automobile Insurance Co., which was added to the suit.

Wright was dismissed prior to the trial. State Farm conceded Bonin was not negligent in the accident. The trial solely addressed the issues of causation and damages.

Injury: Bonin drove home from the scene, and his father took him to Florida Hospital Memorial Medical Center the same day. Bonin complained of pain in his lower back. He was diagnosed with a lumbar strain, treated and released.

Two days later, Bonin presented to Halifax Health Medical Center, complaining of lower back pain that was shooting down to his legs. He was examined and diagnosed with lumbosacral radiculopathy.

Bonin began treating with a chiropractor. He received chiropractic care and physical therapy. Bonin also treated on and off with a pain management doctor.

Bonin was referred to a neurologist who performed MRIs on Bonin's neck and back. The neurologist concluded the crash had aggravated Bonin's pre-existing herniations of his L3-4 and L4-5 intervertebral disc. The cervical MRI, meanwhile, supposedly showed C3-4 stenosis, a bulge of the C4-5 intervertebral disc with compression on the anterior thecal sac, and herniations with annular tears at C5-6 and C6-7. The C6-7 herniation was


Injury:

indenting the thecal sac. These neck injuries were not a major part of the case.

The neurologist also performed an EMG and nerve conduction studies that allegedly revealed radiculopathy with acute changes at the L5-S1 level.

Bonin was discharged from the neurologist's care in July 2015 after three months of treatment. The doctor assigned with a 20 percent impairment rating.

Bonin continued his physical therapy, pain management care and chiropractic treatment while he was also seeing the neurologist. The chiropractor then also referred Bonin to a neurosurgeon. On March 10, 2016, the neurosurgeon operated on Bonin's lower back. The procedure included a discectomy, which involved excision of his L4-5 disc; a laminectomy, which involved excision of a portion of a vertebra; fusion of his spine's L4-5 level; implantation of pedicle screws; and application of a graft.

Bonin was discharged from the neurosurgeon's treatment in April 2016 with a 19 percent permanent impairment rating. That doctor also recommended surgery to Bonin's neck, but he never went through with this procedure. Bonin instead continued his chiropractic and pain management treatment through the end of 2018.

Bonin's treating neurologist and neurosurgeon each testified the plaintiff had acute injuries to his lumbar spine resulting from the accident. Bonin specifically noted while he had prior injuries to his back, he did not receive a surgical recommendation until after the crash. Plaintiff's counsel thus argued the accident made the spine injuries worse and necessitated the fusion surgery.

Bonin, who was on disability at the time of the crash, said that the subject accident further affected his ability to find a job. He also stated that it is hard for him to bend down, walk long distances or play with his young kids.

Bonin sought recovery of $188,980.73 in past medical expenses. He also sought recovery of damages for his past and future pain and suffering.

In the initial complaint, Bonin's counsel also asked for future medical expenses. During trial, defense counsel moved for a directed verdict on this claim, arguing plaintiff's counsel had not proven what future treatment Bonin would need. The judge granted the motion, so the jury was only asked about the awards for past medical expenses and past and future pain and suffering.

The defense maintained Bonin's injuries pre-dated the accident, and he would have needed the back surgery regardless of the crash. The defense's expert orthopedist and expert radiologist specifically opined there was no difference between Bonin's pre-crash and post-crash MRIs. The experts further maintained the MRIs did not show any acute changes to the plaintiff's spine. The defense thus argued the crash did not make Bonin's injury worse.

Defense counsel told the jury any damages award should be limited to the cost of the first few months of Bonin's conservative treatment.


Result: The jury determined Bonin's damages totaled $21,000. This represented the cost of the first few months of conservative medical treatment. The jury found Bonin did not sustain a permanent injury, so he was not awarded any damages for his pain and suffering.

Since the amount of the award did not exceed the tortfeasor's insurance's coverage, the court reduced the verdict to zero.

Trial Information:

Judge: Michael S. Orfinger

Demand: $100,000 (from State Farm; insurance coverage's limit)

Offer: $500 (by State Farm)



3 hours

Jury Vote: 6-0

Post Trial: Plaintiff's counsel's motion for a new trial was denied. Plaintiff's counsel has filed a notice of appeal.

Editor's Comment:

This report is based on information that was provided by State Farm's counsel. Additional information was gleaned from court documents. Plaintiffs' counsel did not respond to the reporter's phone calls, and Wright's counsel was not asked to contribute.


Plaintiff sustained permanent back injury in rear-ender


Amount: $20,546

Actual Award: $20,135

State: Florida

Venue: Palm Beach County

Court: Palm Beach County Circuit Court, 15th, FL

Injury Type(s): • back - bulging disc, lumbar• other - chiropractic; ligament, tear; physical therapy

Case Type: • Motor Vehicle - Rear-ender; Multiple Vehicle

Case Name: Michael Swisher v. Rhoda Wasserman, driver, and Jerome Wasserman, owner, and Ruth Cioffi, No. 50-2015-CA-009705-XXXX-MB

Date: October 15, 2018

Plaintiff(s): • Michael Swisher (Male, 31 Years)


• Colby P. Connell; Kanner & Pintaluga, P.A.; Boca Raton FL for Michael Swisher• Stephen J. Zaccor; Kanner & Pintaluga, P.A.; Boca Raton FL for Michael Swisher


• Douglas Martin M.D.; Neurosurgery; Boca Raton, FL called by: Colby P. Connell, Stephen J. Zaccor

Defendant(s): • Ruth Cioffi• Jerome Wasserman• Estate of Rhoda Wasserman



• Anick A. Forcier; The Law Offices of John E. Korf; Fort Lauderdale, FL for Estate of Rhoda Wasserman

• None reported for Jerome Wasserman• Tobi Perl; Law Offices of Robert J. Smith; Fort Lauderdale, FL for Ruth Cioffi• Marc Schechter; Robinson Pecaro & Mier, P.A.; Sunrise, FL for Ruth Cioffi


• Mark A. Waeltz M.D.; Spinal Surgery; Wellington, FL called by: for Anick A. Forcier, Tobi Perl, Marc Schechter

Facts: On Dec. 4, 2014, plaintiff Michael Swisher, 31, a pilot, was driving an SUV on I-95 near Palmetto Park Road, in Boca Raton. Rhoda Wasserman was driving a sedan directly behind him, and directly behind Wasserman was another sedan driven by Ruth Cioffi. Swisher was using a hands-free Bluetooth device at the time. The cars were involved in a rear-end collision, and the back of Swisher's vehicle was hit at least once. He claimed an injury to his back.

Swisher sued Wasserman and Cioffi. He claimed they were negligent in the operation of their vehicles. He also sued the owner of Wasserman's car, Jerome Wasserman, for vicarious liability.

Rhoda Wasserman died of unrelated causes following the accident. The lawsuit continued against her estate. Jerome Wasserman was dismissed from the case prior to trial.

Swisher claimed that he looked in his rearview mirror and saw Wasserman's car hit the back of his vehicle. He claimed that Cioffi then rear-ended the Wasserman car, which pushed the latter vehicle back into Swisher's SUV.

Wasserman's counsel, however, argued that there was only one impact to the SUV, and that it occurred when Cioffi's car pushed the Wasserman vehicle into Swisher's. Wasserman's counsel thus maintained that Cioffi was fully liable for the accident.

Cioffi's counsel, meanwhile, maintained that Wasserman's vehicle hit Swisher's first. Counsel also stated that if Cioffi's car did subsequently push the Wasserman sedan into the SUV, this impact was unavoidable. Cioffi's counsel argued that Cioffi was paying attention to the road but was unable to avoid hitting Wasserman's vehicle after it stopped due to the rear-end collision with Swisher. Cioffi's counsel also denied that there was a second impact to Swisher's vehicle.

Injury: Swisher's co-worker came to the scene and took him to Boca Raton Regional Hospital. Swisher was treated and released.

A week later, Swisher followed up with a chiropractor who referred him to an orthopedist. The orthopedist ordered an MRI and diagnosed Swisher with a bulge at lumbar intervertebral disc L4-5.

Swisher began a course of physical therapy and chiropractic treatment that lasted until April 2015. He then stopped treatment until April 2018.

In April 2018, Swisher saw a neurosurgeon who ordered an updated MRI. The


Injury:

neurosurgeon noted the bulge at L4-5 and also diagnosed torn ligaments in the lumbar spine.

In August 2018, the same doctor performed a human allograft tissue implant (HATI). The procedure involves the injection of human tissue to repair a torn ligament. Swisher was charged $18,000 for the procedure.

The neurosurgeon testified that Swisher had a 10 percent impairment rating in his lumbar spine as a result of the accident. The doctor further recommended Swisher for an L4-5 fusion and a possible fusion of his sacroiliac joint. He stated that these procedures would cost approximately $300,000.

Swisher stated that due to his back injury, he can no longer sit, stand or walk for extended periods. He also stated that he could not pick up his three young kids or play with them as he had before the accident. The pilot also stated that he would have flare-ups of pain, particularly when driving several hours from his home to the airport and then flying a plane.

Swisher sought recovery of past and future medical expenses and damages for his past and future pain and suffering. Swisher also originally sought past and future lost earnings, but the claim was stricken prior to trial.

The defendants were aligned with their damages argument. They noted that Swisher had been involved in a prior accident in 2013, and that he had failed to tell his neurosurgeon about this crash. They further argued that Swisher's doctors gave him a 17 percent impairment rating after the 2013 accident. Since Swisher's neurosurgeon gave the plaintiff a 10 percent impairment rating, the defense thus claimed that Swisher's condition had actually improved since the 2014 crash.

The defense additionally argued that the HATI treatment was not reasonable or necessary. Swisher's neurosurgeon had testified that the procedure was necessary because the anti-inflammatories the plaintiff received in the hospital had prevented the ligament from healing. Defense counsel countered that the injection used for the HATI treatment included anti-inflammatories, as well.

The defendants also retained an expert spinal surgeon who testified that HATI is an experimental procedure that is not clinically indicated. The surgeon further stated that there was no evidence of torn ligaments on Swisher's MRIs.


Result: The jury found that Rhoda Wasserman, Cioffi, and Swisher were all negligent. The jury assigned Wasserman 70 percent of the liability, Cioffi 28 percent of the liability, and Swisher two percent of the liability.

The jury also determined that Swisher sustained a permanent injury. It awarded him $20,545.72 in medical expenses and damages for pain and suffering. The past medical expenses award did not include the cost of the HATI treatment. After the comparative-negligence reduction, the net verdict was $20,134.81.

The parties have also stipulated to a PIP set-off of the verdict, estimated at $10,000.

Michael Swisher

$12,046 Personal Injury: Past Medical Cost

$4,000 Personal Injury: Future Medical Cost

$3,500 Personal Injury: Past Pain And Suffering

$1,000 Personal Injury: Future Pain And Suffering

Trial Information:

Judge: Lisa S. Small

Demand: $50,000 (total, from both defendants)

Offer: $10,000 (by Wasserman's estate); $12,000 (by Cioffi)



4.5 hours

Jury Vote: 6-0

Jury Composition:

3 male, 3 female; 1 black, 2 Hispanic, 3 white


Editor's Comment:

This report is based on information that was provided by Cioffi's counsel. Additional information was gleaned from court documents. Plaintiff's counsel and Wasserman's estate's counsel did not respond to the reporter's phone calls.


Auto accident caused spinal injuries, plaintiffs claimed


Amount: $16,000

State: Florida

Venue: Manatee County

Court: Manatee County Circuit Court, 12th, FL

Injury Type(s): • back - anterolisthesis; bulging disc, lumbar; bulging disc, thoracic; herniated disc, thoracic; herniated disc at T8-9; herniated disc, thoracic; herniated disc at T10-11

• neck - anterolisthesis; alar ligament, torn; herniated disc, cervical; herniated disc at C5-6; herniated disc, cervical; herniated disc at C6-7

• other - chiropractic; retrolisthesis; physical therapy; epidural injections

Case Type: • Motor Vehicle - Passenger; Rear-ender; Multiple Vehicle

Case Name: Roberta Lynn Salter, individually and Nathan Lee Galla, individually v. Susan Mary Wilson and Progressive American Insurance Company, a Foreign Profit Corporation, No. 2016CA005438AX

Date: April 19, 2018

Plaintiff(s): • Nathan Lee Galla (Male, 33 Years)• Roberta Lynn Salter (Female, 46 Years)


• Shawn A. Goforth J.D.; Q Auto & Injury Attorneys; Bradenton FL for Roberta Lynn Salter, Nathan Lee Galla

• Shaina Druker; Q Auto & Injury Attorneys; Bradenton FL for Roberta Lynn Salter, Nathan Lee Galla



• Joel Rose D.O.; Family Medicine; Tampa, FL called by: Shawn A. Goforth J.D., Shaina Druker

• Bruce Rodan M.D.; Radiology; Jupiter, FL called by: Shawn A. Goforth J.D., Shaina Druker

• Della Flynn D.C.; Chiropractic; Clearwater, FL called by: Shawn A. Goforth J.D., Shaina Druker

• Lilla Shkolnikov M.D.; Physical Medicine; Sarasota, FL called by: Shawn A. Goforth J.D., Shaina Druker

Defendant(s): • Susan Mary Wilson• Progressive American Insurance Co.


• Carolyne V. Moomaw; Law Offices of Sanabria & Marsh; Tampa, FL for Susan Mary Wilson

• Courtney Rettew; The Law Office of David L. Hendricks; Tampa, FL for Progressive American Insurance Co.


• F. Reed Murtagh M.D.; Radiology; Tampa, FL called by: for Carolyne V. Moomaw, Courtney Rettew

• Mark B. Lonstein M.D.; Orthopedic Surgery; Sarasota, FL called by: for Carolyne V. Moomaw, Courtney Rettew

Facts: On March 13, 2015, plaintiff Roberta Salter, 46, a machine technician, was driving on Cortez Road, near its intersection at 59th Street West, in Bradenton. Her boyfriend, plaintiff Nathan Galla, 33, a toolmaker, was a passenger. Their car's rear end was struck by a trailing sport utility vehicle that was being driven by Susan Wilson. Salter claimed that she suffered injuries of her neck, and Galla claimed that he suffered injuries of his back and neck.

Salter and Galla sued Wilson and their insurance provider. Progressive American Insurance Co. They alleged that Wilson was negligent in the operation of her vehicle. They sued Progressive for their underinsured motorist benefits.

The defense conceded liability. The trial addressed causation and damages. Progressive was dismissed from the case prior to closing arguments.

Injury: Neither Salter nor Galla went to the hospital from the scene. They first sought treatment at a chiropractic facility on March 16, 2015.

Salter complained of general pain to her lumbar spine after the crash, but an MRI came back normal. However, she claimed that her cervical MRI showed flattening and retrolisthesis, the displacement of one or more vertebrae, at C5-6.

Salter also underwent a motion X-ray of her cervical spine. She was diagnosed with posterior longitudinal ligament damage indicated by mild anteriolisthesis at C3 on C4; damage to the anterior longitudinal ligament indicated by retrolisthesis at C3 on C4, C4 on C5, C5 on C6, and C6 on C7; and damage to the capsular ligament, alar and accessory ligaments.


Injury:

Salter underwent about seven months of chiropractic treatment and physical therapy. She then received no treatment for the next year before resuming physical therapy and chiropractic care in 2017.

An MRI in March of that year showed herniations at cervical intervertebral discs C5-6 and C6-7. The following month, Salter received two epidural injections of steroid-based painkillers in the cervical spine. She was treating with over-the-counter medication at the time of the trial.

Salter claimed that she can no longer be as active with Galla. She also stated that her injuries affected their sexual relations.

Salter sought recovery of $37,447.80 in medical expenses and $105,447.80 in damages for her past and future pain and suffering.

Galla complained of headaches along with pain in his lumbar, cervical and thoracic regions. His initial MRIs were normal. However, his doctors claimed that motion X-rays taken in April 2015 did show positive findings.

Galla was diagnosed with abnormal lateral translation of the C1 on C2 with a bilateral overhang, gapping of the facet joint at C5-6 when bending right, and intervertebral foraminal encroachment of the facet joint at C4-5 on the right and C5-6 and C6-7 on the left. He was also diagnosed with retrolisthesis of C3 on C4, C4 on C5, and C5 on C6. Galla also claimed damage to the posterior longitudinal, anterior longitudinal, capsular, alar and accessory ligaments of his neck.

Galla initially underwent approximately one year of chiropractic care and physical therapy. He returned to treatment in early 2017. At that time, he had an MRI that showed a bulge and herniation at intervertebral disc T8-9, and a herniation at T10-11.

In May 2017, Galla received an MRI that showed a bulge at lumbar intervertebral disc L4-5. He received new rounds of chiropractic care and physical therapy. The treatment also included the administration of two epidural injections of steroid-based painkillers in the lumbar spine and one such injection in the cervical spine. He was treating with over-the-counter pain medication at the time of the trial.

Galla missed some work following the crash. He also claimed that his injuries hindered his ability to spend time with his grandfather.

Galla sought recovery of $35,007.33 in medical expenses and $69,507.33 damages for his past and future pain and suffering.

The defense argued that Salter's injuries primarily stemmed from a prior motor vehicle collision in 2007. The defense claimed that Salter's 2007 MRIs were worse than ones taken after the 2015 accident. The defense also pointed out Salter's lengthy gap in treatment.

The defense noted that Galla received two MRIs after the subject crash that came back normal. However, Galla was involved in a subsequent accident in 2017 where he was hit by a motorcycle. The defense thus claimed that Galla's complaints stemmed from this


Injury:

second accident. The defense also noted that there was a 12-month gap in Galla's treatment.

The defense further argued that the accident was low impact and caused minimal property damage. The defense thus disputed whether it could have caused permanent injuries to either plaintiff. The defense's expert radiologist also maintained that the motion X-rays of both plaintiffs were normal.

Result: The jury determined that Wilson's negligence was a legal cause of injury to Salter and Galla. The jury also concluded that neither plaintiff suffered a permanent injury.

The jury awarded $6,000 to Salter and $10,000 to Galla. The awards solely addressed medical expenses.

Nathan Lee Galla

$10,000 Personal Injury: medical cost

Roberta Lynn Salter

$6,000 Personal Injury: medical cost

Trial Information:

Judge: Lon Arend

Demand: $42,500 (by Galla, from Wilson); $35,000 (by Salter, from Wilson)

Offer: $10,000 (for Galla, by Wilson); $10,000 (for Salter, by Wilson)


Jury Vote: 6-0

Jury Composition:

3 male, 3 female


Post Trial: Plaintiffs' counsel's motion for new trial on the issue of damages or, in the alternative, motion for additur was denied. Progressive's counsel filed a motion to tax costs. Wilson's counsel filed a motion to determine post-verdict set-offs.

Editor's Comment:

This report is based on information that was provided by plaintiffs' counsel and Wilson's counsel. Additional information was gleaned from court documents. Progressive's counsel did not respond to the reporter's phone calls.


Plaintiff alleged protrusion and bulge in spine after car accident


Amount: $14,000


State: Florida

Venue: Pinellas County

Court: Pinellas County Circuit Court, 6th, FL

Injury Type(s): • back - stenosis• neck - stenosis; sprain, cervical; strain, cervical; bulging disc, cervical; disc

protrusion, cervical• other - chiropractic; massage therapy; physical therapy• neurological - radicular pain / radiculitis

Case Type: • Motor Vehicle - Rear-ender; Intersection; Multiple Vehicle• Affirmative Defenses - Contributory Negligence

Case Name: Christina A. Haddock v. Christine Mary Schlerf, No. 12-008356-CI


Plaintiff(s): • Christina A. Haddock (Female, 20 Years)


• Dane Heptner; Perenich, Caulfield, Avril & Noyes; Clearwater FL for Christina A. Haddock

• Klodiana Hysenlika; Perenich, Caulfield, Avril & Noyes; Clearwater FL for Christina A. Haddock

Defendant(s): • Christine Mary Schlerf



• Paul A. Bernardini Jr.; Law Offices of Roush And Bernardini; Clearwater, FL for Christine Mary Schlerf


• Victor Hayes M.D.; Spinal Surgery; Odessa, FL called by: for Paul A. Bernardini Jr.

Facts: On July 21, 2008, plaintiff Christina Haddock, 20, was driving a pickup truck on State Road 590, in Pinellas County. When she was turning right on a red light onto State Road 580, she was rear-ended by a sports car. She claimed neck injuries.

Haddock sued the other driver, Christine Schlerf, alleging she was negligent.

Haddock maintained that she was in the intersection and had stopped to make sure traffic was clear for a turn when Schlerf rear-ended her.

Schlerf's counsel admitted fault but also invoked the sudden and unexpected stop doctrine. Schlerf was also attempting to make a right turn and she claimed that both drivers were already in the merge lane on State Road 580 when Haddock stopped suddenly for no apparent reason. Schlerf said she was directly behind Haddock on 580 and was unable to avoid the collision.


Injury: Haddock did not go to the hospital after the accident. She first sought treatment with a chiropractor two days later. Initially, she was diagnosed with sprains and strains in her cervical spine and began a course of chiropractic treatment.

A few months after the crash, an MRI showed a protrusion at cervical intervertebral disc C3-4 and a bulge with stenosis at disc C5-6. Haddock claimed the pain from her neck radiated into her right shoulder, and that this pain was still ongoing at the time of the trial.

Haddock continued conservative treatment, including massage therapy and chiropractic care, for eight or nine months following the accident. She then had a gap in treatment before having two additional chiropractic appointments in early 2012.

Then, in 2013, Haddock began physical therapy and pain management care. She received this treatment six or seven times a year through the time of the trial.

Haddock said she could no longer ride horses or ATVs because these activities caused her neck pain. She sought recovery of past and future medical bills and damages for past and future pain and suffering.

Her counsel asked the jury for more than $250,000 in damages. She specifically claimed $91,522.93 in past medical bills, of which $76,127 was paid out of pocket.

The defense counsel called an expert spinal surgeon, who said that Haddock did not sustain a permanent injury in the accident. The expert also stated that Haddock's pain management care and physical therapy that began in 2013 was not reasonably necessary.

The defense asked the jury to award $8,000 in past medical expenses.

Result: The jury found that Schlerf was 90 percent liable for the accident and that Haddock was 10 percent liable. It determined that Haddock's damages totaled $14,000. The comparative-negligence reduction produced a net recovery of $12,600.

Christina A. Haddock


$5,000 Personal Injury: Past Pain And Suffering

Trial Information:

Judge: Jack R. St. Arnold



Jury Vote: 6-0

Post Trial: Defense counsel has filed a motion to set off the verdict.

Editor's Comment:

This report is based on information that was provided by plaintiff's and defense counsel. Additional information was gleaned from court documents.


Rear-ender caused an injury, plaintiff claimed


Amount: $10,000

State: Florida

Venue: Polk County

Court: Polk County Circuit Court, 10th, FL

Injury Type(s): • back - bulging disc, lumbar• neck - bulging disc, cervical• other - chiropractic; back and neck; epidural injections


Case Name: Anita Brown v. State Farm Mutual Automobile Insurance Company, No. 11-CA-1618


Plaintiff(s): • Anita Brown (Female, 35 Years)


• Carlos E. Diez-Arguelles; Diez-Arguelles & Tejedor, P.A.; Orlando FL for Anita Brown

Defendant(s): • State Farm Mutual Automobile Insurance Company


• William B. Bracken Jr.; Bracken, P.A.; Lakeland, FL for State Farm Mutual Automobile Insurance Company


Facts: On Feb. 19, 2011, plaintiff Anita Brown was operating her vehicle when she became involved in a motor vehicle collision. Brown claimed a vehicle impacted the rear of her vehicle. Brown claimed she injured her neck and back.

The other driver was underinsured and Brown initiated an underinsured motorist claim against her own insurance carrier, State Farm Mutual Automobile Insurance Company, seeking benefits.

Defense counsel for State Farm conceded negligence. The trial addressed the issue of Brown's claimed damages and injujries.

Injury: Brown claimed a cervical bulge C3-4 and and lumbar bulge L4-L5. Brown underwent five weeks of chiropractic treatment via twice weekly sessions. He also had two epidural injections.

Brown claimed limitaions performing activities of daily living. Brown sought to recover damages for past/future medicals and past/future pain and suffering.

Defense counsel argued that Brown's injuries were pre-existing and not caused by the accident.

Result: The jury determined that Brown's damages totaled $10,000.

Anita Brown


Trial Information:

Judge: Larry Helms

Trial Length: 3 hours


2 hours

Editor's Comment:

This report is based on information that was provided by plaintiff's counsel. Defense counsel did not respond to the reporter's phone calls.


Plaintiff: Rear-ender caused ongoing lower back pain


Amount: $13,745

State: Florida

Venue: Bay County

Court: Bay County Circuit Court, 14th, FL

Injury Type(s): • back - lower back; fusion, lumbar; bulging disc, lumbar• other - chiropractic

Case Type: • Motor Vehicle - Red Light; Rear-ender; Intersection

Case Name: Deborah Labar v. Judy Dusseault, No. 12-1074CA

Date: August 28, 2013

Plaintiff(s): • Deborah Labar (Female, 60 Years)


• Clayton R. Syfrett; Syfrett & Dykes Law Offices, P.A.; Panama City FL for Deborah Labar

• Douglas Dykes; Syfrett & Dykes Law Offices, P.A.; Panama City FL for Deborah Labar


• Cory Gaiser M.D.; Orthopedics; Panama City, FL called by: Clayton R. Syfrett, Douglas Dykes

• Walter Bauman D.C.; Chiropractic; Panama City, FL called by: Clayton R. Syfrett, Douglas Dykes

Defendant(s): • Judy Dusseault


• C. Andrew Weddle; Harrison Sale McCloy; Panama City, FL for Judy Dusseault



• Christo Koulisis M.D.; Orthopedics; Crestview, FL called by: for C. Andrew Weddle

Facts: On Aug. 10, 2010, plaintiff Deborah Labar, 60, an administrative assistant, was stopped at a light in her 2008 KIA Optima on South Highway 77 near the intersection of Highway 231 in Bay County when Judy Dusseault struck the back of her vehicle with her 2004 Toyota Camry. Labar claimed she injured her lower back.

Labar sued Dusseault, claiming she was negligent in the operation of her vehicle.

Dusseault admitted liability.

Injury: Later in the day, Labar presented to an emergency room complaining of pain in her lower back. She had X-rays and was discharged with instructions to follow up with a doctor. Labar was diagnosed with disc bulges at L4-L5-S1. She underwent 10 months of chiropractic treatment. In 2011, she underwent a fusion at L4-L5-S1.

Labar claimed she continued to have pain. She claimed she had limitations of activities of daily living. She claimed she could not sit or stand for long periods. She also claimed she could not sleep well due to pain. She claimed she could not go to the beach, play with her dog, garden at her home, or go on trips.

Labar's treating chiropractor testified that her treatment was a result of the accident. Her treating orthopedic surgeon testified that her lumbar fusion was necessary and a result of the accident.

Labar sought to recover damages for past and future medical expenses, past lost wages, and past and future pain and suffering. Her counsel suggested the jury award $400,000.

The defense's expert orthopedist testified that Labar had a long-standing history of chiropractic treatment for lower back pain. He attributed her surgery to her degenerative spinal condition. He opined that she only suffered a sprain/strain to her lower spine, which should have healed within six to 12 weeks.

Defense counsel suggested to the jury that Labar should only recover medical expenses for the time a sprain/strain would take to heal. Defense counsel suggested the jury award between $8,328 and $13,745.

Result: The jury determined that Labar's damages totaled $13,745.

Deborah Labar

$13,745 Personal Injury: past and future medical expenses


Trial Information:

Judge: Hentz McCellan



1 hours

Jury Composition:

6 female

Editor's Comment:

This report is based on information that was provided by plaintiff's and defense counsel.


Accident caused shoulder tear, lumbar injuries, plaintiff claimed


Amount: $10,104

State: Florida

Venue: Miami-Dade County

Court: Miami-Dade County Circuit Court, 11th, FL

Injury Type(s): • back - lower back; bulging disc, lumbar• other - chiropractic; physical therapy; tendon, severed/torn• shoulder - rotator cuff, injury (tear); subscapularis muscle, tear

Case Type: • Motor Vehicle - Broadside; Left Turn; Intersection

Case Name: Mauricio Hernandez Rivera v. Juan C. Zelaya, No. 11-20727 CA 5

Date: May 14, 2013

Plaintiff(s): • Mauricio Hernandez Rivera (Male, 26 Years)


• Michael Cecere; Cecere Santana, PA; Sunrise FL for Mauricio Hernandez Rivera


• Fernando A. Moya M.D.; Orthopedics; Pembroke Pines, FL called by: Michael Cecere

Defendant(s): • Juan C. Zelaya


• Andrew M. Westhafer; United Automobile Insurance Company; Miami, FL for Juan C. Zelaya



• Rafael Fernandez M.D.; Orthopedics; Miami, FL called by: for Andrew M. Westhafer

Facts: On June 6, 2009, plaintiff Mauricio Hernandez Rivera, 26, an investor, was driving his Toyota Corolla on southbound Northwest 107th Avenue at the intersection of Northwest 58th Street when he became involved in a motor vehicle collision. As Rivera proceeded into the intersection, a Ford van being driven by Juan Zelaya northbound on Northwest 107th made a left turn onto 58th Street in front of his vehicle, causing a broadside collision. Rivera claimed he injured his lower back and left shoulder.

Rivera sued Zelaya, claiming he was negligent in the operation of his vehicle.

Rivera claimed he had a green light.

Zelaya conceded liability.

Injury: Rivera presented to his doctor two days after the accident with complaints of pain in his lower back and left shoulder. He was diagnosed with a bulging disc at lumbar spinal level L2-3 and a subscapularis tendon tear in his shoulder. He underwent chiropractic treatment for his lower back and physical therapy for his shoulder.

Rivera claimed he continued to have residual pain in his shoulder and back. The plaintiff's expert orthopedist testified that he suffered permanent injuries in his lower back and shoulder.

The defense's expert orthopedist testified that Rivera did not have a subscapularis tendon tear. The expert testified that Rivera essentially suffered a minor sprain that had resolved. The expert also testified that Rivera's lumbar injury was pre-existing and not related to the accident. The expert testified that bulging discs are generally not trauma-related but degenerative in nature.

Result: The jury determined that Rivera's damages totaled $10,104.

Mauricio Hernandez Rivera



Trial Information:

Judge: Marc Schumacher


Demand: $10,000

Offer: $1,500



2 hours

Jury Composition:

3 male, 3 female

Editor's Comment:



Unsafe turn caused crash, plaintiff alleged


Amount: $17,000


State: Florida

Venue: Palm Beach County

Court: Palm Beach County Circuit Court, 15th, FL

Injury Type(s): • arm - scar and/or disfigurement, arm• back - bulging disc, lumbar; herniated disc, lumbar; herniated disc at L5-S1• burns• other - scar and/or disfigurement

Case Type: • Motor Vehicle - Speeding; Broadside; Left Turn

Case Name: Bety Civil v. Christopher M. Burt, No. 502009CA017776

Date: December 01, 2010

Plaintiff(s): • Bety Civil (Female, 38 Years)


• J. Freddy Rhoads; Schuler Halvorson & Weisser, PA; West Palm Beach FL for Bety Civil


• Gerald Stashak M.D.; Orthopedics; West Palm Beach, FL called by: J. Freddy Rhoads

Defendant(s): • Christopher M. Burt



• Robert L. Johnson; Sellars Marion & Bachi PA; West Palm Beach, FL for Christopher M. Burt

• Dina M. El-Salhy; Sellars Marion & Bachi PA; West Palm Beach, FL for Christopher M. Burt


• Colin Jordan Ph.D.; Accident Reconstruction; West Palm Beach, FL called by: for Robert L. Johnson, , Dina M. El-Salhy

• Michael S. Zeide M.D.; Orthopedic Surgery; Lake Worth, FL called by: for Robert L. Johnson, Dina M. El-Salhy

• Michael H. Raskin M.D., J.D.; Radiology; Tamarac, FL called by: for Robert L. Johnson, Dina M. El-Salhy

Facts: On July 17, 2008, plaintiff Bety Civil, 38, a housekeeper, was driving her sedan in West Palm Beach when she was broadsided by a sedan driven by Christopher Burt, who was attempting a left turn in the intersection.

Civil sued Burt, alleging that the defendant was negligent in the operation of his vehicle. He claimed Burt negligently attempted to make a left turn in front of him when it was unsafe to do so.

Defense counsel argued that Burt was in the process of making the turn when Civil entered the intersection while proceeding at an unsafe speed. Defense's expert accident reconstructionist testified that based on crush analysis, Civil was traveling between 38 and 42 mph in an area with a posted speed limit of 30 mph.

Injury: After the accident, Civil went to an emergency room with complaints of pain in her lower back and neck. She also claimed that she suffered burns to her chest and arms as a result of the airbag's deployment.

Civil claimed she suffered disc bulges at L4-5 and L5-S1. She was treated with chiropractic care and was eventually referred to an orthopedist, but surgery was not recommended. The orthopedist assessed Civil as having a 10 percent full body impairment rating.

Civil claimed that she suffers from daily pain. She alleged that she will need to continue receiving physical therapy, pain medication and increased monitoring throughout her life. She also alleged that she was left with scarring as a result of the airbag burns.

Defense counsel contended that the plaintiff suffered some soft-tissue injuries, but argued that a reading of the MRIs demonstrated that the injuries had resolved. They also argued that the scarring from the airbag was neither noticeable nor significant.

Result: The jury found each party 50 percent negligent. Thus, the $17,000 award was reduced to $8,500 accordingly.


Bety Civil



Trial Information:

Judge: Glenn Kelley



2 hours

Post Trial: The case have been resolved post-trial.

Editor's Comment:



Plaintiff claimed herniated discs from broadside crash


Amount: $30,000

State: Florida

Venue: Broward County

Court: Broward County Circuit Court, 17th, FL

Injury Type(s): • back - bulging disc, lumbar; herniated disc, lumbar; herniated disc at L4-5• other - loss of consortium; percutaneous discectomy

Case Type: • Motor Vehicle - Broadside; Left Turn; Red Light

Case Name: Abioudun Ajayi and Timothy Noonan v. William J. Bellomo, No. 96-2442 (12)

Date: October 01, 2010

Plaintiff(s): • Abioudun Ajayi (Female, 50 Years)• Timothy Noonan (Male, 50 Years)


• Matthew J. Shilling; Robert J. Fenstersheib & Associates, P.A.; Hallandale Beach FL for Abioudun Ajayi, Timothy Noonan

Defendant(s): • William J. Bellomo


• Dolina Lordeus; Law Offices of David R. Strong; Miami, FL for William J. Bellomo


Facts: In 2004, plaintiff Abioudun Ajayi, a finance worker in her late 50s, was driving her sedan in Broward County when her vehicle was broadsided by a sedan driven by William Bellomo.

Ajayi sued Bellomo, alleging that the defendant was negligent in the operation of his vehicle. Ajayi claimed that Bellomo had disregarded a red light while making a left turn and caused the crash.

The defendant admitted liability, and the matter proceeded to trial on the issues of causation and damages.

Injury: Ajayi claimed that she suffered herniated discs at L4-5 and L5-S1. She underwent conservative care and, when it failed to offer relief, she underwent a percutaneous discectomy within a year of the accident.

Ajayi claimed she is in daily pain, and cannot lift her children or sit for long periods of time. She also testified that she can no longer enjoy participating in sports with her children as a result of her injuries.

Ajayi sought recovery of about $50,000 in past medical costs. Her husband, Timothy Noonan, presented a derivative claim, seeking an award for loss of consortium.

Defense counsel moved for a directed verdict on the issues of lost wages and future medical costs, and it was granted.

Defense counsel argued that the medical bills presented by the plaintiff were excessive. Defense counsel further contended that the plaintiff's MRIs demonstrated mere disc bulging that were consistent with aging, rather than any acute trauma.

Result: The jury awarded Ajayi $30,000 in past medical costs, but found that there was no permanent injury. The jury declined to award damages for Noonan's loss of consortium claim.

Abioudun Ajayi


Trial Information:

Judge: Patti E. Henning




2 hours

Jury Vote: 6-0

Editor's Comment:

This report is based on information that was provided by defense counsel. Plaintiff's counsel did not respond to the reporter's phone calls.


Rear-end crash caused spinal injuries, plaintiff alleged


Amount: $10,000

State: Florida

Venue: Broward County

Court: Broward County Circuit Court, 17th, FL

Injury Type(s): • back - bulging disc, lumbar• neck - bulging disc, cervical


Case Name: Willaim E. Hatcher v. Charely Sampayo and Santa Sampayo, No. 0919181 05

Date: September 02, 2010

Plaintiff(s): • William E. Hatcher (Male, 28 Years)


• J. Freddy Rhoads; Schuler Halvorson & Weisser, P.A.; West Palm Beach FL for William E. Hatcher

Defendant(s): • Santa Sampayo• Charely Sampayo


• Richard M. Nelson; Law Offices of Richard M. Nelson; Pembroke Pines, FL for Charely Sampayo, Santa Sampayo

• Vanessa Casullo; Law Offices of Richard M. Nelson; Pembroke Pines, FL for Charely Sampayo, Santa Sampayo



• Peter Livingston M.D.; Radiology; Hollywood, FL called by: for Richard M. Nelson, Vanessa Casullo

• Richard J. Simon M.D.; Orthopedic Surgery; Fort Lauderdale, FL called by: for Richard M. Nelson, Vanessa Casullo

Facts: On June 28, 2008, plaintiff William Hatcher, 28, a stand-up comedian and home health, aide was driving his sedan on Interstate-95 in Florida. When he was outside of Hollywood, his vehicle was rear-ended by a sedan that was driven by Charley Sampayo and owned by Santa Sampayo.

Hatcher sued Charley and Santa Sampayo for motor vehicle negligence.

The defendants admitted liability, and the case proceeded to trial on causation and damages.

Injury: Hatcher was taken from the scene via ambulance. He was presented to a hospital, where he was diagnosed with neck and back sprains and strains. About eight days later, Hatcher visited a chiropractor and was diagnosed with bulging cervical and lumbar discs. Hatcher was treated with conservative care, including physical therapy and chiropractic manipulation.

Hatcher claimed that his injuries have left him with a decreased range of motion. He also claimed that he has difficulty standing for long periods, bending and sitting. Hatcher further testified that he is an aspiring stand-up comedian, but that his injuries have harmed his prospects for career advancement and limited the amount of shows he could book. Plaintiff's counsel claimed that Hatcher has between a 5 percent and 10 percent impairment rating.

Plaintiff's counsel claimed that Hatcher had about $30,000 in past medical costs. Hatcher also sought recovery of about $100,000 in future costs with surgery being a possibility. A lost wage claim was dropped prior to closing arguments.

Defense counsel argued that the treatment Hatcher received was overblown for the injuries the plaintiff suffered. Defense counsel also pointed to several inconsistencies in Hatcher's medical records.

Result: The jury awarded the plaintiff $10,000, but it found that the plaintiff had no permanent injury.

William E. Hatcher


Trial Information:


Judge: Richard D. Eade

Offer: $22,500



1.5 days

Jury Vote: 6-0

Post Trial: Plaintiff's counsel is seeking a new trial. Defense counsel is seeking fees and costs, as well as a $10,000 PIP set-off.

Editor's Comment:

This report is based on information that was provided by defense counsel. Plaintiff's counsel did not respond to the reporter's phone calls.


defense: plaintiff's symptoms resulted from pre-existing

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