$176,400 Jury Verdict to Driver with Herniated Disc
A 43-year old woman was awarded $176,400 by a jury following a trial in Monmouth County. The matter was tried by Brian W. McAlindin, Esq. Together with costs and interest, Mr. McAlindin’s injured client received $187,126 – more than ten times the original amount awarded in arbitration.
The plaintiff was travelling southbound in the left lane on Woodward Road in Manalapan, New Jersey. Defendant driver was driving southbound in the right lane on Woodward Road in Manalapan, NJ. Defendant turned left attempting to enter a WAWA entrance on the opposite side of the road striking the right front of the plaintiff’s vehicle. Liability was stipulated prior to trial.
The plaintiff sustained a herniated disc at C5-C6 and mild bulges at C3-C4 and C4-C5. Defendant contended that the disc herniation at C5-C6 was a bulge and not a herniation, and that all of her neck complaints of pain, limitation of motion, and diminished lifting ability were a result of degenerative changes, and not the motor vehicle accident.
Prior to trial, a non-binding personal injury arbitration award of $17,500 was vacated by the defendant. No settlement offer was extended by the defendant’s automobile insurer. The Court included an award of $1,250 in attorney fees and witness costs under R. 4:21A-6 as a result of the jury verdict exceeding the vacated arbitration award by more than 20%.
Firm Partner Brian W. McAlindin is a Certified Civil Trial Attorney specializing in all aspects of personal injury, insurance law, construction matters and commercial litigation.
The plaintiff was travelling southbound in the left lane on Woodward Road in Manalapan, New Jersey. Defendant driver was driving southbound in the right lane on Woodward Road in Manalapan, NJ. Defendant turned left attempting to enter a WAWA entrance on the opposite side of the road striking the right front of the plaintiff’s vehicle. Liability was stipulated prior to trial.
The plaintiff sustained a herniated disc at C5-C6 and mild bulges at C3-C4 and C4-C5. Defendant contended that the disc herniation at C5-C6 was a bulge and not a herniation, and that all of her neck complaints of pain, limitation of motion, and diminished lifting ability were a result of degenerative changes, and not the motor vehicle accident.
Prior to trial, a non-binding personal injury arbitration award of $17,500 was vacated by the defendant. No settlement offer was extended by the defendant’s automobile insurer. The Court included an award of $1,250 in attorney fees and witness costs under R. 4:21A-6 as a result of the jury verdict exceeding the vacated arbitration award by more than 20%.
Firm Partner Brian W. McAlindin is a Certified Civil Trial Attorney specializing in all aspects of personal injury, insurance law, construction matters and commercial litigation.
