The plaintiff motorcycle operator contended that the defendant automobile driver negligently failed to stop at a stop sign, causing the auto collision. The plaintiff’s motion for Summary Judgment on liability was granted.
The plaintiff, a firefighter, retired approximately 20 years earlier because of a spinal herniation. The plaintiff contended that the trauma, from the accident, caused an aggravation of the spinal herniation and degenerative disc disease, which resulted in significantly increased pain. The plaintiff had not required prior surgery for the spinal herniation and there was no evidence that the alleged aggravation, caused by the subject accident, rendered surgery necessary. The plaintiff made no income claims and also maintained that he suffered an avulsion fracture to the right, dominant wrist that was detected on CT scan that was placed in a cast and will cause permanent pain and weakness. The defendant’s physician’s reports reflected that the fracture was not visible on CT scan and that there were no spinal changes as before the auto collision.
The jury awarded $30,000 for past pain and suffering and $40,500 for future pain and suffering.