This action arose from a collision to the back of the plaintiff’s
car by a vehicle driven by the defendant. The court directed a verdict
against the defendant on liability and the case continued on the issues
of damages and causation only. The defendant maintained that the plaintiff
did not sustain a
permanent injury as a result of the collision.
The plaintiff was a female in her 40s at the time of the
car accident, which occurred in 2005. She was diagnosed with cervical and lumbar sprain
and strain. The plaintiff underwent physical therapy, chiropractic treatment,
orthopedic treatment and epidural injections. She complained of ongoing
neck and back pain.
The defendant argued that the impact to the back of the plaintiff’s
vehicle was light and caused minimal property damage to the vehicles involved.
Evidence showed that the plaintiff did not seek medical treatment for
several days post-accident.
The defense contended that the plaintiff’s neck and back symptoms
were unrelated to the subject accident. Evidence showed that the plaintiff
was involved in a prior motor vehicle accident and had made previous complaints
of neck and back pain before the date of the subject collision.
The jury found that the plaintiff sustained a permanent injury as a result
of the accident and awarded her $80,000 in damages.
Plaintiff’s orthopedic surgeon: Richard Simon from Plantation, FL.
Defendant’s orthopedic surgeon: Salvador Ramirez from Miami, FL.
Defendant’s radiologist: Steven Brown from Dania, FL
Dominguez vs. Vallarino. Case no. 08-80773; Judge Pedro Echarte, 12-15-10.