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Large Award for Back Injury Despite Treatment Gaps and Previous Back Condition


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11/24/2010
Brent Adams
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Plaintiff Lovernia Edwards was driving her vehicle on Highway 59 east of I-95 in Fayetteville when she entered an uncontrolled intersection and collided with another vehicle. The other driver was Defendant, Darlene Naylor. Allegedly, the defendant had attempted to turn in the path of Mrs. Edwards’ oncoming vehicle. Mrs. Edwards’ airbags were deployed and her vehicle was considered totaled. Mrs. Edwards was transferred to a local emergency room by an ambulance and was discharged the following day with a diagnosis of soft tissue neck, back and shoulder injuries.

The Plaintiff ultimately sought chiropractic treatment for approximately seven months, but had complaints after her release from the treatment. She was a military dependent and she ultimately sought treatment from a neurosurgeon who performed spinal surgery.

Mrs. Edwards alleged the defendant failed to yield the right-of-way to oncoming traffic. She also said that the serious injuries she received was a direct result of the accident and argued that her delayed treatment was not her fault. Mrs. Lovernia says that her injuries affect her every day and working life.

The defendant argued that the plaintiff’s complaints did not arise out of this accident. The defendant also argued that despite the plaintiff’s denial of previous neck pain but her past medical records show that evidence of serious neck pain with the use of a collar a few months before the accident.

The jury deliberated for two and a half hours and returned a $250,000 verdict on June 7, 2010 in Mrs. Edwards’ behalf.



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