Greg Lewis (Charlotte, NC) (Auto liability) obtained a Defense Verdict in favor of Underinsured motorist carrier Allstate Insurance Company in the case of LESTER PETCHENIK vs. JORDY CERON-MICHUA & SABRINA CAGLE in Henderson County, Hendersonville, NC. Plaintiff was a passenger in a vehicle operated by his wife when it was rear-ended first by underinsured motorist Ceron-Michua, and almost immediately afterwards, co-Defendant Cagle rear-ended Ceron-Michua, whose vehicle impacted Plaintiff’s vehicle again. Plaintiff’s post-MVA medical history is significant for a lack of medical documentation referencing the MVA or cervical complaints for approximately 90 days, despite his testimony that his neck hurt immediately following the two impacts, that he delayed treatment due to traveling to California to see his son the day following the MVA, and an alleged (undocumented) visit to his VA PCP in the interim, wherein he alleges she referred him to an orthopedist “but the VA didn’t produce the record of that visit because that’s how the VA is.” The first mention of the MVA in a medical record was 7 months post-accident.
Despite no significant conservative treatment, at that time a neurosurgeon discussed and Plaintiff elected to proceed with a C-4 ~ C-6 discectomy with allograft arthrodesis and C-6 bilateral foraminotomies. Later that month, he had an additional procedure for complications from the arthroscopy (throat hematoma causing difficulty swallowing). Plaintiff complained of chronic neck pain and radiculopathy following arthroscopy. Plaintiff’s past medical history was significant for two purple heart Vietnam “war wounds” with a recent amputation of his left foot, Agent Orange exposure, multiple lumbar surgeries for DDD, and a prior cervical fusion at C6-7 in 1998. He had multiple falls in the years leading up to the MVA, and most significantly reported cervical radiculopathy with bilateral numbness in the middle 3 digits when turning his head to the right. At the time of the MVA, he was on 90 mg of morphine daily due to intractable pain from his back and other unrelated conditions.
Special damages: boardable medical expenses of $25,000.00, and no wage loss (retired). General damages: permanent injury to the cervical spine with “life altering” symptomatology despite arthroscopy, and minimal scarring from arthroscopy. Negotiation history: Pre-suit tender of $30,000.00 by the underinsured motorist’s liability carrier. At mediation, the lowest demand was $25,000.00. The co-Defendant offered $3,000.00, and UIM offered $1,000.00. The jury entered a Defense Verdict following a 3-day trial and 2 hours of deliberation, finding Plaintiff was not injured by the negligence of either motorist. Costs were taxed to Plaintiff.