Gordon McKernan & Richard Zimmerman, III Settle a Minor Impact Accident for $750,000

Feb. 28, 2012 - PRLog -- Plaintiff, a 37 year old welder, was operating his pickup truck on Burgess Avenue in Walker, Louisiana when he came to a complete stop to execute a left turn.  The defendant failed to completely stop his vehicle and rear-ended the Plaintiff; however, there was no visible damage to Plaintiff’s vehicle.  Later that evening, the Plaintiff began experiencing severe back pain and pain radiating into his legs.  Plaintiff’s MRI revealed multi-level degenerated discs with nerve compression.  Over the course of the next seven months, Plaintiff received three ESIs and underwent a discogram.  Shortly thereafter he underwent an L4-S1 lumbar fusion.  Following his surgery Plaintiff was released to return to welding.  However, after working for several months with continued back pain his treating surgeon advised that a change in profession was in his best interest.  

The defendants contested Plaintiff’s claim by arguing that the impact was far too minor to have caused injury and that the Plaintiff had been seen by an orthopedic for back pain just three months before the accident.  The defendants furthered their argument by hiring a biomechanical engineer and conducting a videoed crash test using surrogate drivers and the same model vehicles which were involved in the sued upon accident.  Plaintiffs countered by arguing that the collision aggravated a pre-existing condition and that biomechanics was incapable of quantifying the force needed to cause an increase in the frequency and severity of symptoms.  Plaintiffs filed a lengthy Daubert motion to exclude the defendants’ expert which was set to be heard a several weeks before trial.  A few days prior to the hearing, the case was resolved at mediation for $750,000.00.      

Stephen Wright, et al v. John P. St. Germain, et al  No. 129797, 21st  JDC, 2/12
Plaintiff’s counsel:  Richard “Richie” Zimmerman, III, and Gordon McKernan, McKernan Law Firm, Baton Rouge
Plaintiff’s experts:  Dr. Kelly Scrantz, Neurosurgery, Baton Rouge; Stephanie Chalfin, Vocational Rehabilitation, Baton Rouge; Randolph Rice, economics, Baton Rouge; Michael Freeman, Forensic Epidemiology, Portland, Oregon.

# # #

Gordon McKernan - Injury Lawyers is a Louisiana personal injury firm. Our focus is to fight for those that have been injured due to another's negligence. We let you concentrate on the healing process while we work hard to get you what you deserve.