March 6-7, 2018- The Plaintiff alleged a low back injury after a rear impact collision in 2014, while his wife alleged loss of consortium. The Plaintiff admitted he had prior low back pain in 2011 and 2012, but that his pain had completely resolved in 2012. He alleged the 2014 collision caused a new onset of low back pain, from which he continues to suffer.
The Plaintiffs presented an expert treating physician who testified, after comparing a 2011 MRI and 2015 MRI, that there was a significant enlargement of herniation at L3-L4 and that the Plaintiff’s low back pain was a case of aggravated herniation and was caused by the collision.
The Defendant’s counsel, Attorney Jay Eidex argued that the changes in the Plaintiff’s MRIs were a result of the degenerative process. This was based on the fact that the Plaintiff had evidence of pre-existing arthritis in the 2011 MRI and the only change from the 2011 MRI to the 2015 MRI was the enlargement of herniation at L3-4. Attorney Eidex presented an expert who had reviewed the Plaintiff’s MRI films from before and after the collision and testified to this effect.
The Jury deliberated for an hour and a half and returned with a verdict in favor of the Defendant and returned no money to the Plaintiffs.