11/2/2005 - Posted by:
David Mitchell P. A.
Phone: 501/663-3322
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Motor vehicle accident

Plaintiff, a 56 year old owner and operator of an excavation and trucking business, was rearended by a truck owned by Defendant causing $4,000.00 in property damage to Plaintiff’s vehicle. Plaintiff was able to drive his vehicle from the accident scene and first sought medical attention a few hours later complaining of neck and low back pain. Plaintiff experienced and was treated for preexisting problems with his low back as a result of significant degenerative disk disease. After one year of conservative treatment produced little improvement, Plaintiff under went a lumbar decompression for his low back injury which his treating neurosurgeon opined caused 10% permanent partial impairment. The treating neurosurgeon found no permanent impairment for his neck injury.

Plaintiff claimed, as the result of the accident, his business has suffered a significant loss of income. However, the company’s financial records indicated the company earned significantly higher profits after the accident than before. Plaintiff countered that these increased profits were the result of an upturn in the local economic and construction industry and would have been even higher if the accident had not occurred. Both Plaintiff and Defendant retained expert witnesses on the issue of lost business profits.

Case No.: CIV98-10188, Pulaski County Circuit Court
Settlement: $260,000.00 one week before trial

 
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