Rear-ended plaintiff diagnosed with permanent back damage — $498,000 settlement

The plaintiff was rear-ended in a motor vehicle collision on Croatan Highway (Route 158) in Kitty Hawk, North Carolina, in August 2018. The plaintiff had an immediate onset of neck pain; the plaintiff had an MRI approximately five weeks later and was subsequently diagnosed with a herniated disc at the C6-C7 level of the cervical spine.

The plaintiff came under the care of neurosurgeon John T. Shutack in Chesapeake. Shutack subsequently performed surgery for an anterior cervical discectomy and fusion at Chesapeake Regional Medical Center, which included an in-patient hospitalization.

The plaintiff missed approximately six and a half months from work due to his injuries. Pursuant to a post-surgical functional capacity evaluation, or FCE, the plaintiff was assigned a 15% permanent impairment of the back, which included restrictions of no lifting of over 40 pounds and no lifting above waist level of over 25 pounds.

The at-fault motorist had liability coverage in the amount of $50,000 with Nationwide, which tendered its policy limits. There was also underinsured motorist coverage with Liberty Mutual, which paid an additional $448,000, making for a total settlement of $498,000.

[020-T-107]

Type of action: Personal injury
Injuries alleged: Herniated disc at C6-C7
Date resolved: 08/27/2020
Special damages: Medical bills of $123,263 and lost wages of $28,500
Verdict or settlement: Settlement
Amount: $498,000
Attorney(s) for plaintiff: John E. Basilone, Norfolk
Plaintiff’s experts: John M. Shutack, M.D., (treating neurosurgeon); Mandi Dowdy, DPT (performed FCE)