Sacramento Woman Challenges Plaintiff’s Auto Injury Claim, Part 3 of 3

(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.)

On July 6, 2006, plaintiff presented to Lee M. Messi, M.D. for a neurosurgical consultation. Dr. Messi wrote a report. In the report, it is noted that plaintiff stated he was involved in an accident and that he had a sore body, but his neck was the main symptom of pain. Dr. Messi reviewed plaintiff’s MRI of his cervical spine and stated that the MRI shows “evidence for significant disc abnormalities at both C4-5 and C5-6.” At the C5-6 there is a disc osteophyte complex and narrowing of the AP diameter of the spinal canal to 8mm. In addition, there is some right side neuroforaminal narrowing and possible impingement of the right C6 nerve root. At the C4-5 there is a central disc protrusion narrowing the spinal canal approximately in 9mm. In general the space diameter of the canal appears to be quite compromised with an average diameter of 9mm even in the areas where there is no disc abnormalities.

Dr. Messi recommended cervical epidural blocks and if this approach did not work, plaintiff may be considered as a candidate for a two level anterior cervical diskectomy and fusion at C4-5 and C5-6.


Plaintiff seeks medical expenses, wage loss, and general damages.

1. Past Medical Expenses:

Provider Dates Amount Charged Amount Reduced Hanif Number
Kate Brown, D.C. Feb 8, 2006 $514.13 $0.00 $514.13
MRI Feb 21, 2006 $1,695 $0.00 $1,695
Lee Messi, M.D. July 6, 2006 $750.00 $0.00 $750.00
TOTAL $2,959.13 $0.00 $2,959.13

2. Future Medical Expenses:

Plaintiff seeks $50,000 to $70,000 for two level anterior cervical diskectomy and fusion at C4-5 and C5-6, which is recommended by Dr. Messi. This future medical expense also includes recovery period and follow up visits.

3. Wage Loss: Plaintiff Seeks $12,000 In Lost Wages.

He calculates this amount by taking his monthly income of $6,000 and multiplies it by the 2 months he could not work. Plaintiff has not produced income verification.


Defendant has served plaintiff a CCP 998 Offer to Compromise for a waiver of costs. Plaintiff has served defendant a CCP 998 Offer to Compromise for $100,000.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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