A Pain in the Neck, But Not in the Verdict
Rissman attorneys Derek Bush and Amy Hanna secured a favorable verdict following an underinsured motorist jury trial in Orange County.
The case stemmed from a rear-impact motor vehicle accident in which the underlying tortfeasor tendered available bodily injury limits. Negligence and causation of temporary treatment were stipulated, leaving permanency and future care as the sole contested issues.
The plaintiff alleged permanent cervical injuries causing chronic neck pain and upper-extremity paresthesia. Imaging revealed degenerative changes and multilevel disc herniations, with multiple neurosurgeons recommending a two-level cervical fusion. At trial, the plaintiff presented five medical witnesses and sought over $2 million in total damages, including $275,000 in future treatment.
The defense highlighted pre-accident medical records documenting prior neck pain and paresthesia. On cross-examination, treating providers conceded they were unaware of this history when forming their causation opinions. Defense experts testified that the cervical findings were chronic and degenerative in nature and that the accident caused only soft-tissue sprains and strains.
After approximately 4.5 hours of deliberation, the jury returned a verdict of $22,448.77—below the plaintiff’s claimed past medical expenses—with no award for future treatment and no finding of permanency. After setoffs for the underlying settlement, PIP benefits, and collateral source payments, the verdict will yield no additional recovery to the plaintiff. The defense also intends to seek attorneys’ fees under an expired $50,000 Proposal for Settlement.
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