Anderson v. Zamir

931 N.E.2d 697 (2010)

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Nature of the Case

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Facts

P was involved in a motor vehicle accident with D on September 22, 2005. P was rear-ended. Her head hit the steering wheel. P's car was pushed forward into the car directly in front of her vehicle. Her vehicle was towed. P did not seek medical attention right after the accident. P went to the hospital to try to obtain medical care related to a headache from which she had suffered since the accident. Her neck was also sore at this time. Her symptoms had gotten worse since the time of the accident. That evening at the hospital, she was given a neck brace and pain medication. P testified that she complained of pain stemming from her lower back and running up into her neck, primarily on the left side of her body. P was treated with pain medication and some physical therapy and home exercises for about six months. In the spring of 2006, she had a cervical MRI, which the radiologist determined was negative. In July 2006, P had a specific left shoulder complaint. An MRI of her left shoulder revealed a tear in the labrum of her left shoulder, and in December 2006, P underwent left shoulder surgery to repair the labrum tear. The surgery was orthoscopic and left Tiffany with several small scars on her left shoulder. After the surgery, P underwent physical therapy. P sued D. D admitted liability. Medical bills totaling $28,804 were admitted into evidence. The jury awarded P a total of $12,500 with just $5,000 for medical bills and the balance for pain and suffering. A motion for a new trial was denied and P appealed.