Broward County Jury Awards $49,916 in Rear-End Collision

A driver filed a lawsuit alleging a herniated cervical disc injury sustained in a rear-end collision in Broward County, Florida. The incident occurred when the plaintiff's vehicle was stopped at an intersection. A truck operated by the defendant's driver struck a vehicle stopped behind the plaintiff, pushing it into the plaintiff's car. The plaintiff asserted the collision caused a herniated cervical disc at C-4, C-5, necessitating an anterior cervical fusion.

The plaintiff's expert neurosurgeon testified that an MRI confirmed the herniated disc and recommended a $35,000 fusion surgery. An expert general surgeon stated that two years of conservative treatment for the disc injury had become ineffective. An expert radiologist further supported the diagnosis, noting a CT scan taken on the day of the accident was negative, while an MRI two weeks later revealed the herniation.

The defendant's expert neurosurgeon and orthopedic surgeon disputed the plaintiff's claims, contending the MRI showed a degenerative bulging disc, not a herniation, and that it was unrelated to the collision. The defendant also presented surveillance video depicting the plaintiff performing various physical activities, including painting a roof, repairing a bicycle, and hitching a boat to a trailer.

A jury determined the plaintiff received reasonable and necessary medical care and suffered a permanent injury. The jury awarded the plaintiff $14,916 for past medical expenses and $35,000 for future medical expenses. The plaintiff subsequently filed post-trial motions seeking a new trial on damages and for additur.