On Valentine’s Day 2005, our client was driving his automobile on I-95 when he was rear ended by an 18-wheel Tractor Trailer at approximately 17 m.p.h.. He sustained a highly unusual spinal injury at the top of his spine called Atlanto Axial instability as the result of the collision. He underwent spinal fusion surgery and he may require a future surgery due to continuing pain.
The insurance company argued that our client’s injury was not caused by the collision but, rather, it was a pre-existing condition that he had for many years. The defense hired an orthopedic surgeon and a radiologist in an attempt to prove that the injury was not caused by the collision. Our law firm, in turn, presented persuasive testimony from our client’s orthopedic surgeon, a radiologist and a biomechanical engineer. The biomechanical engineer described the amount of force exerted on our client’s spine and that the force was significant enough to cause the spinal injury. He also prepared a simulation of our client’s accident showing exactly what happened to our client’s body upon impact.
“The combined testimony from our orthopedic doctor, radiologist and biomechanical engineer was crucial in proving to the insurance company that the accident, and not some pre-existing condition was the cause of our client’s injury and surgery”, said Attorney David T. Aronberg. The case was resolved just prior to trial for $850,000.00, said Aronberg.