Spotsylvania wreck causes neck, shoulder injuries – $400,000 Verdict

Defendant, who was driving his employer’s pickup truck, crossed the center line of the road and hit the plaintiff’s work van, causing extensive damage to both vehicles. Defendants admitted liability on the morning of the trial.

Plaintiff had no prior history of neck and shoulder pain, but experienced both immediately following the collision. Within six weeks, the plaintiff had surgical repair of a tear of the glenoid labrum in his right shoulder. Plaintiff’s neck pain progressively worsened with radicular pain on the right side. An MRI revealed a disc herniation at C5-6 central and to the left, along with spurring and degenerative changes.

Four months after the collision, the plaintiff experienced a new symptom of numbness and tingling when putting his arm around his toddler grandson. Plaintiff was told he was a surgical candidate at that point, but he chose to wait until the pain was intolerable.
Two years after the collision, doctors performed a cervical anterior discectomy with fusion at C5-6. The defense expert agreed to causation of plaintiff’s shoulder injury and opined to 12 percent permanent impairment, but argued against causation of neck surgery due to superseding event with toddler and said right side pain could not be cause by the central- and left-sided disc. Surgery ultimately proved successful to relieve right sided pain, confirming pain was coming from that level.

Type of Action: Personal injury – auto
Type of Injuries: Tear of glenoid labrum in right shoulder requiring surgical debridement and repair with permanent impairment; cervical spine injury superimposed on pre-existing asymptomatic degenerative changes which caused neck to become progressively more symptomatic eventually resulting in anterior cervical discectomy and fusion at C5-6 two years after collision. Complicating factor was that radicular pain was on right side whereas disc herniation seen on film was central and to left. Surgery ultimately proved to be successful.
Name of Case: Gregory Shalawylo v. Larry Lewis and Utiliquest LLC
Court: Spotsylvania County Circuit Court
Case No.: CL06-755
Tried before: Jury
Date: April 9, 2008
Name of Judge: David Beck
Special Damages: Medical bills, $80,500
Verdict Amount: $400,000
Plaintiff’s Attorney: Claire E. Keena, Woodbridge
Plaintiff’s Expert: Herbert Edward Lane Jr., MD
Defense Expert: Stephen Hughes, MD
[08-T-074]