Trial win in multi-fusion rear end collision case for BVH
Tom Costello and Wade Shimer

October 2022

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Tom Costello and Wade Shimer successfully defended a client who was driving on an icy day and was involved in a motor vehicle accident with a plaintiff that was stopped at a red light when BVH’s client allegedly was unable to stop her vehicle in time to avoid striking the plaintiff’s vehicle in the rear.  The plaintiff alleged that the accident aggravated a prior condition in her neck that required a surgical fusion shortly after the accident, despite the plaintiff having stopped treatment for the prior condition about a year before the accident.  The plaintiff contended that the first fusion failed, and resulted in a second surgery involving fusions at three cervical levels and claims regarding future need for surgery and loss of normal life, pain and suffering.  The plaintiff claimed approximately $500,000 in medical specials and asked the jury for $6 to $8 million dollars.  The jury deliberated for about a half hour before returning a not guilty verdict in favor of our client.  Discussion with the jury following the verdict revealed that the jury found in favor of BVH’s client both on the liability aspect of the case as well as agreeing with BVH that the accident did not worsen or aggravate Plaintiff’s prior condition in any way.