Plaintiff is a 56 year old Korean woman who testified via interpreter. She was struck from behind by the defendant while stopped at a traffic light. There was little to no damage to the rear of her vehicle and defense counsel entered pictures of the bumper into evidence. However, our client suffered immediate pain to her neck and back at the scene and was taken by ambulance to INOVA Fairfax Hospital.
Plaintiff had follow up with two chiropractors, the first for one month and the second for three months, without relief. A year later, when self-treatment did not work, she had an examination with an orthopedic surgeon. Following an MRI, the orthopedist diagnosed the plaintiff with a herniated disc at L4-L5. He stated that the herniation was caused by the accident and that the pain she had would be permanent although she was not currently a surgical candidate. The Defendant’s hired doctor agreed with our expert at trial.
Plaintiff owns a small newsstand in a Tysons Corner office building and, although she did not miss any time from work, had great pain at the store and had to rely on her adult son to assist her with stocking and lifting the merchandise. She also complained that she was no longer able to assist her family with household chores due to the pain. The plaintiff feels pain every day, especially when getting in and out of a seated position.
This case was reported in Virginia Lawyers Weekly.