Winter Park Jury Awards $10,978 in Rear-End Collision

A rear-end collision occurred on October 26, 2009, at 4:38 p.m. in Winter Park, Florida, near the intersection of Aloma Avenue and Hall Road. The plaintiff, a 52-year-old refrigerator technician, was involved in the incident while in the course of employment. The plaintiff subsequently filed a lawsuit, alleging the collision caused permanent neck and back injuries, specifically multiple disc herniations in the cervical and lumbar spine. The defendant stipulated to negligence in causing the impact but disputed that the plaintiff sustained a permanent injury as a result.

The plaintiff’s neurosurgeon testified that he performed an anterior cervical discectomy and intervertebral arthrodesis at the C4-C5 and C5-C6 levels, asserting the surgery was necessitated by the accident. The plaintiff claimed to have experienced no significant neck or back complaints prior to the collision.

Conversely, the defendant's orthopedic surgeon testified that the plaintiff did not sustain any cervical or lumbar spine injury from the accident and that the cervical surgery was not causally related. The defense also presented evidence from the plaintiff's treating workers' compensation physicians, whose notes suggested the plaintiff did not provide full effort during a functional capacity test and that pain complaints did not correlate with medical findings. These physicians had released the plaintiff with a zero impairment rating. A neuroradiology expert for the defense further testified that post-accident cervical MRIs revealed chronic and degenerative findings that pre-existed the collision.

The jury concluded that the plaintiff did not sustain a permanent injury as a direct result of the accident. The plaintiff was awarded $10,978 in economic damages.