Michele Messenger Obtains Favorable Verdict in Side-Impact Auto Accident Case
On March 1, 2019, Michele Messenger received a favorable jury verdict in a side-impact auto accident case tried in the central courthouse of the San Diego Superior Court. Plaintiff contended that the accident caused an aggravation of herniated discs in his low back that measured over 10 mm.
At trial, Plaintiff’s medical expert testified that the past medical expenses of approximately $30,000 were reasonable and medically necessary. That expert also testified that plaintiff required a future three-level fusion at a cost of $300,000 as result of the subject accident. The plaintiff asked the jury to award $850,000 in damages. The defense contended that plaintiff’s low back pain was the result of two prior accidents coupled with his significant weight, and presented medical expert testimony that the herniated discs were pre-existing and not aggravated by the subject accident. The defense argued that Plaintiff’s suffered soft tissues injuries that should have resolved within a year of the accident, and suggested that the jury award $5,000 in past medical expenses and $12,000 in past general damages.
The jury awarded a total of $26,363.11, which represented $14,363.11 in past medical expenses and $12,000.00 in past general damages.