FIRM EARNS SETTLEMENT IN T-BONE COLLISION AFTER DEFENDANT CLAIMS PRE-EXISTING CONDITIONS
Mark Clark and Christa McCann recently recovered $492,500 on behalf of a woman injured in a T-bone collision. The client, a 61-year-old real estate agent, suffered spinal injuries as a result of the collision, which required her to undergo numerous pain management procedures before ultimately undergoing a two-level cervical spine fusion. The defense vehemently denied liability for causing the client’s injuries, and claimed that the client had failed to mitigate her damages due to lapses in treatment with one of her treating physicians.
In addition, the opposition relied on the opinions of two defense doctors, Dr. Grabel (neurosurgeon) and Dr. Chayet (orthopedic surgeon), who examined the client on three occasions to argue that the client’s injuries were degenerative and pre-existed the subject motor vehicle accident, and that the surgery was not related to the accident. However, the Clark Fountain team were able to establish through the testimony of the client’s treating physicians that the client had suffered a permanent aggravation of her pre-existing degenerative conditions in her spine, and her pain and need for treatment were caused by the subject motor vehicle accident. As a result, on the eve of trial, the Defendant ultimately agreed to settle the case for $492,500.
Mark Clark and Christa McCann are a civil trial attorneys with Clark, Fountain, La Vista, Prather, Littky-Rubin & Whitman, located in Florida, Florida.
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