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Automobile Accident -
$450,000.00 |
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Martha Jane Byars and
Frederick S. Byars
vs.
Todd Phillips Nash
Walton County Superior Court
Civil Action File No. 01CV1672-2
Liability Facts: 56 year old female Plaintiff was
passenger in a vehicle stopped at a red traffic
light when struck from the rear by Defendant's
vehicle. Defendant admitted negligence. Property
damage to both vehicles was moderate. Plaintiff did
not complain of any injury at the accident scene and
first sought treatment from her family doctor 5 days
later with an initial diagnosis of cervical strain.
Plaintiff had an extensive history of prior neck and
back treatment including anterior cervical fusion at
C5-6 with degenerative changes throughout her spine.
Following conservative physical therapy, an MRI was
performed 5 months post-collision that revealed
Plaintiff to be suffering from a herniated disc at
C6-7 with some flattening of the spinal cord, as
well as a small tear in her right rotator cuff.
Plaintiff subsequently underwent a cervical
laminectomy, foraminotomy, and finally a discectomy
with a bone graft fusion at C6-7. She also underwent
arthroscopic repair of the right rotator cuff.
Defendant retained the services of an expert
radiologist who opined upon review of Plaintiff's
x-rays and MRI's that she had not suffered any acute
injury from the collision, or even an aggravation of
her pre-existing degenerative condition, and there
existed no evidence of any relationship between her
complaints and the motor vehicle collision.
Injury: Herniated disc at C6-7 with spinal cord
impingement, rotator cuff tear
Medical Experts: Plaintiff: James H. Wood, M.D.,
Neurosurgeon
Defendant: Barry F. Jefferies, M.D., Neurosurgeon
Medical Expenses: $180,000.00
Settlement: $450,000.00
Attorneys: Plaintiff: Ronald F. Chalker, Falanga &
Chalker
Defendant: Richard H. Hill, Jr., Mabry and
McClelland
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Atlanta Georgia
800-564-0006 |
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