Jury Awards $8,865 for Medical Expenses in Rear-End Crash

A practicing anesthesiologist filed a lawsuit against an insurance carrier for benefits under his underinsured motorist policy following two separate rear-end motor vehicle collisions. A claim was also filed against the driver involved in the second collision. The defendant insurance carrier admitted the tortfeasors were negligent in causing the accidents.

The plaintiff, a 59-year-old male at the time of the first collision in March 2012, experienced a second rear-end collision in August 2013. Following the second incident, emergency personnel extricated the plaintiff from his vehicle, which was later declared a total loss. The plaintiff alleged a range of injuries, including permanent mild traumatic brain injury with memory loss, post-concussive syndrome, intractable headaches, and permanent pituitary damage. He contended these injuries prevented him from continuing his profession, resulting in $600,000 per year in lost income and $171,290 in past medical expenses. The plaintiff sought $12,000,000 in total damages, including a claim for his spouse's loss of consortium.

The defense argued that both impacts were minimal and did not cause permanent injury. Defense experts testified that medical imaging showed no acute injury to the plaintiff's brain or cervical spine following the accidents, with prior brain studies appearing normal. A defense neurologist opined that the plaintiff's neurological complaints were consistent with his pre-accident history of neck pain and headaches, and possibly related to long-term opiate use. A defense neuropsychologist further testified that the plaintiff suffered from pre-existing somatic symptom disorder and illness anxiety disorder.

After a deliberation, the jury found that the plaintiff did not sustain a permanent injury as a result of the collisions. The plaintiff was awarded $8,865 in past medical expenses only.