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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Fax: (770) 955-2123
Fax: (770) 888-6210