Articles Posted in Back & Neck Injuries

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When Joyce Fogle, 57, slowed her car for traffic on a highway, Taylor Merritt’s vehicle rear-ended Fogle’s vehicle. Fogle was taken to a hospital where she underwent a CT scan of her brain and x-rays of her knees. She received conservative treatment for back pain and later underwent surgery at L4-5, followed by physical therapy.

Fogle continued to suffer residual pain, for which she takes over-the-counter medication. Her medical expenses totaled over $145,000.

She sued Merritt, alleging she was following too closely.

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Michelle Olivarez was stopped in traffic when a vehicle driven by Kelsey Nelson rear-ended her vehicle.  The crash aggravated Olivarez’s pre-existing neck pain, migraines and fibromyalgia.

Olivarez, 39, also suffered a soft-tissue injury to her left knee. She received physical therapy for her knee injury, was prescribed medicine, and received neck injections.

Olivarez’s medical expenses totaled more than $108,000.

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Maria Lezcano, 43, was driving through an intersection when an SUV driven by Grace Coleman struck the passenger side of Lezcano’s car. Ms. Lezcano suffered herniated disks at C4-5, C5-6, L3-4, L4-5, all of which necessitated pain management, chiropractic care and surgery.

Lezcano continues to suffer ongoing neck and back pain.  She now has limited range of motion in her neck.

Lezcano sued Coleman, alleging that after obeying the stop sign, Coleman chose not to yield the right-of-way of the intersection.  The lawsuit also alleged that Coleman’s SUV owner was vicariously liable.

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Shane Denil was driving his Mazda Miata when his car was rear-ended by a box truck driven by Andrew Bassett. Denil suffered a concussion and herniations to his cervical and lumbar spine. He underwent cervical disk surgery, a lumbar radio frequency ablation, and a lumbar laminectomy, which resulted in medical expenses totaling $470,000.

He sued Bassett, alleging that he chose not to keep a proper lookout, which caused the rear-end crash. The lawsuit did not claim lost income.

The defendant argued that Denil had a pre-existing back and neck injury that was exasperated by this crash. However, before trial the parties settled for $1 million.

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Sean McFly, a 29-year-old student at the University of Florida, was heading to class from a campus parking lot. As he was walking in the crosswalk, a truck driven by Billy Harrison, a University of Florida employee, hit him.  He suffered cervical disk herniation at C5-6 and C6-7 that resulted in nerve damage to his hands.

McFly suffers ongoing pain and will require spinal fusion at a later date. His past medical expenses totaled $36,000.

McFly sued the University of Florida alleging liability for Harrison’s choosing not to yield to a pedestrian in a crosswalk. McFly claimed that Harrison had been using his cell phone at the time of the incident. It was also alleged that Harrison failed to slow down before the impact.

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Christopher Novus Davis, 20, was admitted to Chester Mental Health Center in Chester, Ill., which is about 60 miles southeast of St. Louis. Shortly after he arrived, he was allegedly confronted by a group of security aides in the dining room for standing without permission after being seated for breakfast.

Davis was placed in handcuffs and, once off camera, he was pulled to the ground, shoved, punched and kneed in the face, according to the court documents.

Davis filed a lawsuit in 2013 against Lucas Nanny, Tom Nordman, Josh Rackley and Terry Steward. He was represented pro bono by Sidley Austin LLP’s attorneys Daniel A. Spira, Julie Becker and Elizabeth M. Chiarello.

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John Deatherage, 51, was on an elevator when it suddenly dropped and came to a violent stop.  Deatherage, who had two previous surgeries at L5-S1, suffered a spinal injury that required a fusion surgery at that level. He continues to experience back and spine problems.

He sued Schindler Elevator Corp., alleging that it chose not to maintain and repair the elevator. Deatherage maintained that Schindler had a contract with the casino’s owner, under which it was paid a flat fee for preventative maintenance at the casino but failed to determine why the elevator was malfunctioning so frequently.

Deatherage’s attorneys argued that Schindler’s mechanic never determined the cause of the problem and would not follow up. There was no claim by Deatherage for medical expenses or lost income.

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On Dec. 4, 2013, the plaintiff, Keenan Lane, 21, was stopped at a red light southbound on North Greenmount Road about 600 feet north of Lebanon Avenue in Shiloh, Ill. At that point, a car driven by 63-year-old Anne Flahiv rear-ended Lane’s vehicle. As a result of the crash, Lane’s car was totaled, and he suffered injuries to his neck and lower back.

Lane’s treatment included emergency room care, visits with his primary care physician and physical therapist, as well as orthopedic treatment.

His orthopedist diagnosed peripheral tears in his lumbar spine and an annular tear in his cervical spine. He reported medical expenses that totaled more than $48,000.

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A New York City jury signed a $39.5 million verdict for a 30-year-old woman after she fell through an unguarded “vertical ladder” fire escape and suffered permanent injuries. That fire escape design had long been outlawed under legislation approved by the New York state legislature in 1928. This type of fire escape design is what was known as a vertical ladder.  The 1928 law required that all such vertical fire escape ladders be replaced.  The law was amended in 1948 to require all such models be replaced within a year.

In November 2008, Anastasia “Sasha” Klupchak was a 22-year-old New York University honor student and a varsity soccer player. She was visiting a friend’s fourth-floor apartment on 82nd Avenue in Manhattan. That evening,she joined two friends on the fire escape, which was at the back of her friend’s apartment.

As she turned to climb back through the kitchen window from the fire escape, she fell through an unguarded opening in the fire escape platform. She fell 12 feet to the roof below and suffered a severed spine and is now paralyzed from the waist down. She will be confined to a wheelchair for the rest of her life.

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Cornell Smith, 38, was driving on a highway when he stopped for the traffic ahead. Traffic was backed up from an off-ramp exit. While he was sitting in his stopped SUV, he was rear-ended by Ross Keys, who was driving a cargo van for Tri-Cal Distributors LLC.  On impact, Smith was wearing a seatbelt, but he was thrown upward in his seat and struck his head on the roof of his SUV. He felt immediate head and neck pain. Smith was transported to the nearest hospital. He was diagnosed there with a concussion and cervical sprain.

In the months following the crash, Smith developed chronic headaches, neck and mid-back pain and numbness and tingling in his fingers. The radiology imaging revealed cervical disk and facet damage, including an indentation of the ventral cord at C5-7.

He underwent conservative treatment and medication, but the pain interfered with his ability to perform his job as a police officer.

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