Type of action: Motor Vehicle Collision

Injuries alleged: Cervical neck disc herniation

Tried before judge or jury (or mediation): Raymond Kenney, Esq. (mediator)

Special Damages: $76,000.00 (medicals), lien reduced to $14,500.00

Amount (specify award or settlement): $180,000

Date (of verdict or settlement): October 31, 2002

Highest Offer: $180,000.00

Most helpful experts (name, title, city)

Insurance Carrier: Withheld

Attorney for plaintiff(s) and city of office:
Kenneth I. Kolpan
Law Office of Kenneth I. Kolpan, P.C.
100 Summer Street
Boston, Ma. 02110

Attorney for defendant(s) and city of office: Withheld

Other useful information:

On January 8, 1998, plaintiff (age 45) was a right front seat passenger in a vehicle driven by her husband on Bedford Street, Abington, Ma. Defendant was exiting a medical parking lot driveway perpendicular to Bedford Street. Suddenly and without warning, the vehicle operated by the defendant pulled out in front of the vehicle occupied by the plaintiff. Defendant's vehicle struck the right front of plaintiff's vehicle.

Plaintiff was treated and released from Emergency Room. She missed seven days of work as a waitress for Friendly's Restaurant. Plaintiff had persistent neck pain persisted.

In March, 1998, a MRI confirmed a C6-7 disc level herniation and plaintiff underwent cervical neck disc surgery.

In January, 2000, plaintiff woke up one morning with neck pain and was diagnosed as having different cervical neck disc herniation. In March 2000, plaintiff underwent a cervical neck two level fusion. Defendants contended that the latter disc herniation and surgery were unrelated to the motor vehicle collision.

Defendants further claimed that the plaintiff's husband was at fault for the motor vehicle collision.

Case was settled for $180,000.00, plus reduction of medical lien to $14,500.00, after a full day's mediation before Raymond Kenney, Esq.