ST. CHARLES COUNTY, Mo. – A passenger involved in a T-bone collision has been awarded a verdict of $260,000, despite not immediately seeking treatment at the scene. The accident occurred in July 2020 when the SUV Jessica David was riding in was struck by a Chevy Silverado making a left turn at a blinking yellow arrow. David, represented by Tarun Rana of Rana Law Group, later experienced difficulty breathing and was diagnosed with a thoracic spine injury based on an MRI.
Following the collision, David visited the emergency room and was initially diagnosed with a contusion. However, further examination revealed minor disc bulges in the middle spine, leading to pain management injections after chiropractic treatment. The liability for the accident was admitted by the defense attorney, David Nester of Boggs, Avellino, Lach & Boggs, and the insurer offered the policy limit of $100,000.
The crux of the defense’s argument revolved around the fact that David did not seek immediate medical attention and had a two-year gap in treatment. Nester’s expert contended that the herniated discs alleged to be caused by the accident were actually indications of preexisting degenerative changes in the spine. However, Rana argued that there were no previous records of pain and the jurors believed that David had indeed been injured.
During the trial, the plaintiff proposed a figure of at least $800,000, while the defense suggested a lowered amount of $50,000. The final judgment of $260,000 has since been satisfied, according to court records.
The case, identified as Jessica David v. Rachel Rodawald, was heard in the St. Charles County Circuit Court under the supervision of Judge Daniel Pelikan. St. Louis-based Helen Blake, who specializes in pain management, served as the plaintiffs’ expert, while the defense relied on the expertise of David King, an orthopedic specialist from the same city. The insurance company involved in the case was Allstate Fire & Casualty Insurance Company.
This verdict serves as a reminder of the importance of seeking immediate medical attention after an accident, as delays in treatment may raise questions about the cause and extent of injuries. The outcome also highlights the role of expert testimony and the perceptions of the jurors in determining the verdict.