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Plaintiff was hit head-on by defendant. Defendant had crossed the center line and plaintiff alleged that defendant deliberately crossed center line so as to not be inconvenienced by truck which had temporarily blocked his lane. Plaintiff sought punitive damages for defendant's alleged willful conduct.

The defendant never participated in discovery and was fined for not appearing at his deposition.

Plaintiff was treated for a broken nose and assorted bruises in initial three-month period. There was then a gap of approximately 18 months during which plaintiff did not seek medical care although her back continued to hurt. A herniated disk was subsequently found. This was a non-surgical disk. Plaintiff contended the disk was related to the accident and defendant argued that no mention had been made of the back pain in first three months of accident.

Defendant sent plaintiff to a defense examination by Herbert Lane Jr., M.D. The doctor's report stated, "I do feel this herniation by history is associated with the accident of October 14, 1996, and I do feel that she will require some future treatment for that condition."

Two weeks later Dr. Lane filed an "addendum" to his report wherein he stated that he was in error in associating the herniation with the accident. He claimed that he had now "more carefully" evaluated her complaints and the medical records and determined that there was no causal relationship between the disk and the accident.

Plaintiff filed a motion to strike the "addendum" and that motion was pending when the case settled. Plaintiff had previously successfully opposed a defense motion for an Ear, Nose and Throat defense medical examination on the basis that defendant had not shown good cause for the examination.

$50000 Fairfax Settlement Against No Show Defendant

Ben Glass
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Ben Glass is a nationally recognized ERISA disability & life insurance attorney in Fairfax, VA.