WRSH Partner Mitchell Kahn obtained a settlement of $900,000 for a female rear–seated passenger, in her late 40’s. Plaintiff had moved successfully for Summary Judgment on liability. The plaintiff sustained cervical herniation’s that were confirmed by MRI, and which required fusion surgery after conservative care and injections were inadequate. The plaintiff maintained that she will permanently suffer pain and significant restriction. The plaintiff was not wearing a seat belt. The defendant would have argued that had the plaintiff been using the device, any injuries would have been much less significant. It was the plaintiff’s position that she was not required to wear a seat belt while in the rear seat; although the defendant could have argued that the absence of the device would have prevented or minimized any injury. The defendant also maintained that the plaintiff had degenerative disc disease. The plaintiff would have countered that she had no prior symptoms or treatment.
The Defendant maintained a 1 million dollar insurance policy and a portion of that policy had previously been paid out to another plaintiff in this action.