Automotive Defense - Pre-existing Conditions 2

A mother and her 10-year daughter sought approximately $35,000 each as the result of two separate mild rear-end collisions which occurred approximately six months apart.  The uninsured driver of the vehicle involved in the second collision defaulted and Smith Freed & Eberhard was retained to intervene on behalf of plaintiffs’ uninsured motorist carrier.  

Both collisions at issue were nearly identical.  Neither accident was sufficient to cause more than superficial surface damage to the cars involved.  Plaintiffs’ claimed economic damages thus resulted from their alleged soft-tissue, neck and back injuries.

Settlement was unattainable due to the plaintiffs’ unrealistic expectations of recovery.  Trial proceeded and the defense presented expert witnesses – including an orthopedic surgeon and a chiropractor – who testified that both plaintiffs had long-standing histories of chronic neck and back pain, and any claimed injuries were pre-existing and any treatments were unrelated.  The defaulted driver of the vehicle involved in the second accident also appeared and presented colorful testimony regarding the minimal nature of her accident with Plaintiffs.  At the close of trial, plaintiffs collectively asked the jury for an award of $23,000 in economic damages and $43,000 in non-economic damages.

After deliberations, the jury returned a verdict in favor of the defendants as to the mother’s claim.  As for the daughter’s claim, the jury determined she should be compensated for her ambulance ride and ER visit as well as her first visit to the chiropractor only. Thus, the jury awarded a mere $2,269 in economic damages and $0 for non-economic damages to the daughter.