(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident/personal injury case and its proceedings.)
Plaintiff has a long medical history of complaints regarding his lower back, neck, and left leg. Plaintiff was involved in an automobile accident in 1991, during which he reported sustaining back and neck injuries. He received three months of orthopedic treatment following this incident. Plaintiff also reported experiencing back and neck pain after a September 1995 automobile accident. Plaintiff saw a chiropractor for six months following the 1995 incident. Plaintiff later was involved in a mountain bike accident in 2002 following which he reported experiencing back pain. He received five months of chiropractic treatment after the biking accident.
On August 2, 2003 — just one year prior to the subject accident — plaintiff was involved in a rear end automobile accident during which he purportedly sustained soft-tissue, lower back and left leg injuries. Plaintiff received five months of treatment for back and left leg pain. An MRI was taken on November 11, 2003, and revealed mild stenosis due to a disc herniation at L2-3 as well as a posterolateral extrusion at L4-5, which probably was hitting the left nerve root causing the dorsal and plantar foot pain in the lower left extremity. Plaintiff underwent three epidural blocks between November and December 2003. Plaintiff eventually settled the claim against the driver who rear-ended his vehicle through the driver’s auto insurer.
After the subject accident in September 2004, plaintiff consulted with an orthopedic surgeon, Dr. Mick Greene. Records subpoenaed from Dr. Greene reflect plaintiff admitted his belief that the August 2003 accident was the inciting event for his current complaints regarding back and left leg pain. However, plaintiff claims he was essentially asymptomatic at the time of the September 2004 accident, and that the subject accident re-exacerbated his symptoms.
At plaintiff’s initial visit, Dr. Greene diagnosed plaintiff with lumbar stenosis and disk herniations at L2-3 and L5-S1. Plaintiff underwent an MRI, which was virtually identical to the November 2003 MRI. At Dr. Greene’s recommendation, plaintiff underwent lumbar decompression surgery (laminectomy) with Dr. Greene at Nationwide Medical Center on November 4, 2004.
The defense orthopedic expert — Donald Jones, M.D. — conducted an extensive medical examination of plaintiff on October 24, 2006. In his report, Dr. Jones concluded plaintiff’s lumbar injuries were not caused by the present accident.
Plaintiff is not making a claim for lost earnings or lost earning capacity.
Based on the foregoing, Miranda Towing and Jack Brown assert that they have no liability. Regardless, any damages should be offset by the comparative negligence of Tony Lee. Additionally, plaintiff’s claimed damages are unsubstantiated, excessive and unreasonable in light of the evidence.
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