Rear-End Auto; Chiropractic; Herniated Discs

Style of Case: Michael Pascoe v. Dona Boyer
Client:    Dona Boyer
Trial End Date:   2/9/2010
Court:    Third Judicial Circuit Court, Madison County, Illinois
Type of Case:    Rear-end Auto; Chiropractic; Herniated Discs
Judge:    The Honorable Clarence Harrison
Reed Armstrong Lawyer who tried the case:  James Hodges
Jury Verdict

The plaintiff was a passenger in a vehicle that was rear-ended by defendant’s vehicle. The defendant denied he was negligent, that the plaintiff was injured, and that the incident caused plaintiff’s subsequent complaints, treatment and damages. Plaintiff received chiropractic treatment one month after the accident for one day, and then for 3 weeks starting 6 weeks after the accident. At that point, Dr. Eavenson released him without restrictions and “pain free” from his diagnosed cervical strain/sprain. Six months later, plaintiff received further treatment from another chiropractor (King) for 14 weeks. An MRI taken 9 months after the accident, while treating with Dr. King, revealed a herniated discs at C4-5 and C6-7 and a bulge at C5-6. Both Chiropractors related all treatment to the motor vehicle accident.

The Plaintiff was examined by with defendant’s retained medical expert Dr. David Robson, an orthopedic spine surgeon, who opined that the accident did not cause the herniations and bulge and may not have caused any injury. Dr. Robson found the complaints following the accident to be an aggravation of pre-existing degenerative disc disease.

The medical bills totaled $11,705.65. Defendant rejected an award of $25,000 entered in mandatory arbitration and proceeded to jury trial.

Last Demand:    $35,119.95
Verdict:    $5,121.00 for the plaintiff