Low Impact Motor Vehicle Accident

Plaintiff was at a red light and was rear ended by defendant. Two months prior to this accident plaintiff had suffered another motor vehicle accident which resulted in him having a spinal cord stimulator placed in his cervical area. Plaintiff claimed the impact from this accident caused the electrodes from his stimulator to shift and therefore they had to be removed. The spinal cord stimulator could not be re-implanted due to the scar tissue build up. Defendants claimed this was a low speed and low impact accident which could not have caused such damages nor any injuries at all. The defendant's foot came off the brake pedal which caused the vehicle to roll into the back of plaintiff’s vehicle. Defendant stated that plaintiff’s claim of the electrodes being shifted due to the impact was incorrect. Defendant obtained medical testimony stating that the shift of the electrodes could have not been caused by the impact but put into question whether plaintiff was already having problems with the spinal cord stimulator and the same should have been removed due to the lack of pain relief it was given plaintiff. The parties settled claim prior to trial for $10,000.00. Plaintiff claimed $17,000.00 in past medicals.