Uninsured motorist injures woman in rear-end collision — $100,000 settlement

Type of action: Auto accident, personal injury

Injuries alleged: Aggravation of pre-existing neck and back issues, right rotator cuff tear

Name of case: Morrow v. Orts

Court: Norfolk Circuit Court

Case no.: CL23-5588

Tried before: Judge

Name of judge or mediator: Judge David W. Lannetti

Date resolved: 3/7/2024

Special damages: $23,197 in past medical bills

Demand: $100,000

Offer: $22,966

Verdict or settlement: Verdict

Amount: $100,000

Attorney for plaintiff: Jeffrey P. Partington, Norfolk

Description of case: State Farm Mutual Automobile Ins. Co. defended the case as an uninsured motorist case, with $100,000 of applicable coverage. The only offer ever made in the case came 13 days before trial and was in the amount of $22,966.50, which was less than the plaintiff’s medical bills of $23,197. The uninsured defendant did not participate in any stage of the case.

On Nov. 19, 2021, plaintiff was rear-ended by an uninsured motorist while stopped, waiting to make a left turn on Thole Street in Norfolk. While she struck her face on the steering wheel, bruising and bloodying her left eye, she declined transport after EMTs on scene bandaged her eye.

Plaintiff went to urgent care four days later, primarily complaining of neck and back issues with radicular symptoms. She had a significant yearslong history of prior neck and back issues with radicular symptoms, prior chiropractic care, and a prior cervical MRI.

She began treatment with orthopaedic surgeon Dr. Jonathan Mason for neck and back issues. He referred her for physical therapy as well as MRIs of the cervical and lumbar spine. He ultimately referred her to pain management which she underwent with Dr. Che Torry. Eventually a right shoulder MRI was ordered and plaintiff treated with Dr. Boyd Haynes for her shoulder. Dr. Mason testified by de bene esse deposition that all his treatment was reasonable and causally necessary as a result of plaintiff’s accident.

Dr. Haynes indicated plaintiff needed surgery for her full-thickness rotator cuff tear, and scheduled it, though plaintiff had to cancel it for a number of reasons. Dr. Haynes testified that plaintiff’s need for surgery was related to the accident, either because it aggravated her asymptomatic pre-existing condition, or because it caused the tear itself. Dr. Haynes did not have cost data for the surgery. Dr. Haynes’ testimony was that neck problems with radicular symptoms often mirror shoulder injuries, which counsel argued at trial explained why plaintiff’s medical records did not include specific shoulder complaints until months later. He explained that sometimes it is only with time and treatment that it can be parsed out whether a patient suffers a neck issue, a shoulder issue, or both, in these types of cases.

Dr. Samuel Gunderman III, a chiropractor in Yorktown, testified via de bene esse deposition that his care of the plaintiff focusing on her neck and back was reasonable and necessary because of the injuries she sustained in her accident.

Plaintiff testified to the exacerbation of her neck and back issues, as well as her daily struggles living with a torn rotator cuff, and the impacts on her work.

The defense rested after offering no evidence.

After deliberating for over an hour on the issue of damages only, the jury came back with a verdict in the amount of $100,000 plus prejudgment interest on the amount of plaintiff’s medical bills to run from May 22, 2023, the last date of plaintiff’s treatment with Dr. Haynes.

Plaintiff’s counsel Jeffrey P. Partington provided case information.

[024-T-032]