Auto accident caused spinal injuries, plaintiff claimed Auto accident caused spinal injuries, plaintiff claimed

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Our Verdicts

$1,750,000

18-Wheeler Collision

Settlement

$1,467,000

TRAUMATIC BRAIN INJURY

Jury Verdict

$1,070,000

AUTO ACCIDENT 

Jury Verdict

Auto accident caused spinal injuries, plaintiff claimed

HARRIS County

MOTOR VEHICLE

Rear-ender — Multiple Vehicle

Auto accident caused spinal injuries, plaintiff claimed

Verdict

$75,000

Case

Whitney Anderson v. Christian Greer,
No. 2017-25430

Court

Harris County District Court, 189th

Judge

Scot “Dolli” Dollinger

Date

5/1/2019

Plaintiff Attorney(s)
Eric D. Nielsen (lead), The Nielsen
Law Firm, P.C., Houston, TX
Edward “Teddy” Festeryga, The
Nielsen Law Firm, P.C., Houston, TX
Defense Attorney(s)
Albert Hollan, Kilpatrick & Deas,
Houston, TX
Facts & Allegations

On Sept. 30, 2015, plaintiff Whitney Anderson, 29, a cashier, was driving on the southbound side of Antoine Street, in Houston.

Christian Greer was behind her in a pickup truck. Anderson started to turn left into a driveway, and her car’s rear end was struck by the pickup truck.

Anderson claimed that she suffered injuries of her back and neck. Anderson sued Greer. Anderson alleged that Greer was negligent in the operation of his vehicle. A police report came into evidence and included possible contributing factors on Greer for cell phone use and failing to control his speed.

The defense conceded liability in its closing argument.

Injuries/Damages

chiropractic; disc protrusion, cervical; disc protrusion, lumbar; fatigue; headaches; herniated disc at C3-4; herniated disc at L4-5; herniated disc at L5-S1; hypolordosis; myospasm; numbness; physical therapy; radicular pain / radiculitis; sprain, cervical; sprain, lumbar; strain, cervical; strain, lumbar

Anderson did not seek immediate treatment, but went to an emergency room the next day and complained of headaches and neck and lower back pain. She was diagnosed with sprains and strains and prescribed pain medication before she was released.

Anderson underwent physical therapy with a chiropractor four times from Oct. 6 to 15. X-rays showed cervical and lumbar hypolordosis. Besides sprains and strains, the chiropractor diagnosed cervical and lumbar radiculitis, muscle spasms, numbness, tingling, sleep disturbance and fatigue.

Anderson sought no further treatment until almost a year later, Aug. 30, 2016, when she went to a doctor and complained of neck and back pain. That doctor ordered MRIs and recommended Anderson resume physical therapy.

Anderson treated with the chiropractor six more times, starting on Sept. 6. MRIs were taken on Sept. 9, 2016, and they showed a C3-4 protrusion/ herniation indenting the thecal sac and contacting the spinal cord; an L4-5 protrusion/herniation indenting the thecal sac and contacting the spinal cord; and an L5-S1 protrusion/herniation.

Anderson followed up with a doctor on Sept. 28. He suggested a pain management referral, but Anderson did not pursue it.

At trial, Anderson claimed she was still in pain and that she would need pain medication, chiropractic care and epidural steroid injections. She sought $14,000 for past medical expenses; unspecified damages for future medical expenses; $13,000 for past physical pain; $175,000 for future physical pain; $13,000 for past physical impairment; and $175,000 for future physical impairment.

The defense expert, a chiropractor, opined that the protrusions/herniations were not caused the accident. The only injuries from the accident were mild sprains and strains, and they should have resolved within a few weeks, the doctor contended. He also opined the only reasonable and necessary treatment related to the accident was the hospital visit and the first four physical therapy sessions.

Defense counsel emphasized the 11-month gap in treatment and the lack of any treatment for more than two years before trial. He also noted Anderson did not miss any work. Defense counsel suggested $2,652.70 for past medical expenses; $4,000 for past physical pain; $2,000 for past physical impairment; and zero for all other damages.

Result

The jury found Greer negligent and awarded Anderson $75,000.

Whitney Anderson

$10,000 past medical cost
$25,000 future medical cost
$7,000 past physical impairment
$21,000 future physical impairment
$7,000 past physical pain and mental anguish
$5,000 future physical pain and mental anguish
$75,000 plaintiff’s total award

Demand

$50,000 (during the trial)

Offer

$20,000 (during the trial)

Trial Details

Trial Length: 2 days
Trial Deliberations: 2 hours
Jury Poll: 10-2

Plaintiff Expert(s)

Scott Hung, M.D., family medicine, Houston, TX (treating doctor; testified via videotape)

Defense Expert(s)

Ward Beecher, D.C., chiropractic, Houston, TX (Albert Hollan)

Editor’s Note: This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls. – Priya Idiculla