David tried a case in Campbell County where State Farm made no offer of settlement at all. The plaintiff was a very nice 78 year old lady who was rear ended, with moderate impact, by a likeable female defendant who simply made a minor mistake. The plaintiff went to the ER the next day with neck pain and was diagnosed with cervical strain. She then was seen over the next 2-3 months by her primary and PT for neck pain, and discharged as improved, not cured. Three months later she goes to her primary doctor with increased neck pain and is referred to Ortho. Ortho treats her over the next 2 years with a series of PT, neck injections, and nerve burns. No long lasting relief is gained. At trial the pain specialist and the Ortho spine surgeon testified by video depo that the accident stirred up the degenerative disk disease in her neck and led to the treatments and permanent discomfort. Her medical bills were $65,000.
State Farm hired Dr. Richard Wilson from Blacksburg to testify that the plaintiff had a “self limiting” whiplash and after the first 2-3 months the effects of the accident were over. He said any further treatment was due solely to her arthritic spine since everyone 78 years old is going to have neck pain.
The jury returned a verdict of $267,912.00. State Farm paid it.
