Attorney Joe Joseph Obtains $260,000 Jury Verdict On February 12, 2009 a Cuyahoga County jury awarded a Plaintiff represented by Attorney Joseph T. Joseph Jr. a sum of $260,000.00. The Plaintiff in the case was a motorist claiming cervical and lumbar disc injuries caused from a motor vehicle accident on November 12, 2004. The primary dispute at trial was the cause of the injuries.

The facts of the case were as follows: On Nov. 12, 2004, the Plaintiff was driving home after working a double shift. He came to a stop on West 140th Street in Cleveland, Ohio near the intersection of Triskett Road and was rear-ended by a vehicle driven by the Defendant. The impact pushed plaintiff into the rear of the car in front of him. Plaintiff’s vehicle was totaled. Plaintiff was treated at Fairview Hospital the next day with complaints of severe neck and back pain. He was subsequently diagnosed with disc herniations at the C5-C6 and L5-S1 level.

Plaintiff alleged that the disc herniations were directly caused by the accident and the defendant’s negligence. According to Plaintiff’s pain management physician, the Plaintiff will eventually require surgical intervention. Plaintiff claimed he had to quit his job as a cook at IHOP because of the constant severity of pain and had not been gainfully employed, with the exception of a light-duty landscaping job, since leaving IHOP. Plaintiff also claimed he was forced to relocate to his mother’s residence about two hours away due to tight financial restrictions as a result of his medical treatments.

The defendant admitted liability. She reported to the investigating police department that she took her eyes away from the road for just a moment as she approached plaintiff’s car and did not realize plaintiff had stopped. During trial, defendant contended that she was at a complete stop herself and then hit plaintiff when she took her foot off the brake. An orthopedic expert for the defense testified that Plaintiff sustained soft tissue injuries only and that the disc herniations were a result of pre-existing degenerative disc disease.

Plaintiff was a 46 year old single male and testified that he experienced muscle spasms and severe pain following the subject accident. He was treated with muscle relaxers and epidural nerve blocks, which he said only gave temporary relief to significant pain. Plaintiff subsequently experienced symptoms that included severe headaches, nausea and vomiting. He was treated by a chiropractor and referred to a neurologist who prescribed extensive physical therapy and additional injections. The neurologist indicated the need for cervical surgery. However, Plaintiff was unable to get surgery due to financial constraints. He claimed $28,593.00 in past medical bills and future medical expenses of $100,000.00 for surgery and related treatment.

The last demand for settlement prior to trial was for $75,000.00 and the last offer for settlement by the defense was for $18,000.00.