Plaintiff
was a passenger in a vehicle that was rear ended
by Defendant's vehicle. Damage to both vehicles
was minor and Plaintiff, although complaining
of some pain and discomfort, did not seek medical
treatment for six weeks after the accident.
She
was ultimately diagnosed with a fractured vertebra
and underwent six surgeries. The last operation
fused her lumbar spine to the sacrum. Plaintiff
estimated that she had recovered to about 75%
of her pre-accident condition. She said she
could walk and drive for only fifteen minutes
at a time.
Plaintiff
has undisputed preexisting rheumatoid arthritis
and osteoporosis which caused her bones to be
extremely brittle and left her disabled. The
arthritis was asymptomatic at the time of the
accident according to medical testimony.
The
Defendant contended that given Plaintiff's long
history of bone and joint problems and any minor
trauma other than accident could have produced
her injuries.
The
matter settled for $1,000,000.00 just before
trial.
