Injuries claimed from MVA were pre-existing

A family of five sued as a result of a motor vehicle collision, wherein the van they were traveling in was struck by the vehicle driven by a permissive user of defendant's vehicle. While liability was not contested, plaintiffs asserted substantial damages, particularly the mother, who asserted an injury to her cervical spine, requiring spinal surgery. Trial proceeded as to the mother and two oldest children, teenagers at the time of the collision, who claimed to have sustained soft-tissue injuries requiring primarily chiropractic treatment. The mother sought several hundred thousand dollars in damages, primarily relating to the cost of cervical spine surgery undertaken prior to trial. Defendant asserted that the mother's cervical spine condition was pre-existing, and through the use of expert witnesses, was able to demonstrate that with the mother's before-and-after x-rays and other studies. The jury returned a nominal award to plaintiffs, consisting of modest medical expenses incurred during the first few weeks after the collision, but excluding any award for surgery.

Kelly Snowden tried the case on behalf of defendant.