Plaintiff was a passenger in a truck involved in a car accident. Although the driver testified to minimal damage to his truck and no injuries to himself, the plaintiff went to the emergency room following the accident for hurting muscles. Plaintiff saw a chiropractor three to four times over a six week period and then once six months post-accident. An MRI was performed by a neurosurgeon who recommended and performed an anterior cervical fusion with removal of a ruptured disc. Plaintiff contradicted himself at trial and other incidents may have contributed to his neck injuries, including the nature of his work and a fight.
Award Reason :
Trial court awarded $50,000 in general damages and the appellate court affirmed noting that even though the trial court did not provide reasons in the ruling, it apparently found the testimony credible.