March 4, 2000
On June 18, 1997, the defendant, who died shortly after the accident due to unrelated medical problems, was traveling northbound on State Highway 31, Washington Township, approaching a red light. The defendant vehicle failed to observe a tractor trailer already stopped in traffic in the northbound lane, and swerved into the oncoming southbound lane, striking a van head on. The van then spun in a clockwise direction striking a vehicle being driven by the plaintiff, who was also stopped in traffic in the northbound lane of the highway.
The plaintiff suffered a moderate-sized disc herniation at L5-S1 with a circumferential disc bulge at L4-5. Initially, he treated conservatively with a local orthopedist, who prescribed physical therapy and medication. Ultimately, an epidural steroid injection was performed in September 1997, but the plaintiff's symptoms persisted, and he was referred to a spinal surgeon who performed an automated percutaneous discectomy at L4-5 and L5-S1 on October 27, 1997. After a period of improvement, the plaintiff continued to deteriorate requiring an open discectomy at L5-S1 at Warren Hospital on January 2, 1998. This surgery also failed to provide relief and in July 1998, he was again admitted to Warren Hospital where spinal fusion was performed with insertion of BAK fusion cages, at L4-L5 and L5-S1. Despite three surgeries, the plaintiff's lumbar spine had not completely fused at the time of the settlement.
The case did not settle initially despite the catastrophic nature of the plaintiff's injuries because the defense contended that the decedent defendant passed out at the wheel just before the accident occurred, eliminating any claim of negligence. Ultimately, however, the plaintiffs were able to prove through discovery that the accident was due to the decedent defendant's inattention, since he left 55 feet of skid marks and eyewitnesses observed him swerve at the last minute.
Attorney John Ratkowitz settled the case shortly after it was listed for trial.
