Rear-end Auto/Truck Collision – Jefferson County
July – August 2007
Back and rotator cuff surgeries
Total medical expenses: $148,000
Final offer before trial: $65,000
TOTAL JUDGMENT: $214,215
Ralph Martinez v. Motor Cargo, Inc. and Toby Carder
Case No: 05-CV-1129
Judge: Randall C. Arp
Trial Dates: July 31 – August 3, 2007
Plaintiff’s Attorney: David S. Hoover (Law Offices of David Hoover)
Defendants’ Attorneys: Bruce A. Menk (Hall & Evans, LLC) and Michael O’Neill (DLA Piper), Philadelphia
Type of Claim: Personal injury – rear-end auto/truck collision. Ralph Martinez alleged that he was injured when his vehicle was struck from the rear by a truck driven by Toby Carder who was within the course and scope of his employment with Motor Cargo, Inc. The defendants disputed liability and disputed the nature and extent of injuries and damages claimed by the plaintiff. The defendant claimed that the low-back surgery was not related to the motor vehicle accident; the plaintiff did not have the lumbar and cervical surgeries until 3′ to 4 1/2 years after the auto accident.
Injuries Alleged: Rotator cuff tear that required surgery; cervical fusion at C3-4 and lumbar discectomy. Economic and non-economic losses. Medical expenses were approximately $148,000. The plaintiff worked for four years after the accident and then claimed he was unable to continue to work because of injuries sustained in the collision. He alleged a future wage loss of approximately $600,000.
Final Demand Before Trial: $1,950,000.
Final Offer Before Trial: $100,000 before trial and $300,000 during trial according to the defendant’s attorneys; $65,000 before trial according to the plaintiff’s attorney.
Plaintiff’s Expert Witnesses: Bryan Duke, MD (treating neurosurgeon) Wayne Gardenswartz, CPA Doris Schriver (vocational rehabilitation specialist)
Defendant’s Expert Witness: None
Verdict: For the plaintiff, $125,000.
Note: The court reduced the damages to $120,000; judgment entered for the plaintiff for $120,000 plus $66,232.00 in interest and $27,982.94 in costs.
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