Despite the Testimony of Surgeon and Biomedical Engineer, Jury Not Convinced Neck Surgery Related to Clear Fault Accident
On October 26, 2017, Adam Smith limited a verdict against his client to $3,500 in an admitted fault case where a 27 year old plaintiff with no prior history of neck pain underwent neck surgery and incurred medical expenses of more than $102,000. Dr. Erik Bendiks, who performed the neck surgery, testified that the plaintiff sustained a herniation at C5/6 that was caused solely by the accident and required a disc replacement surgery. Plaintiff also called a biomechanical engineer to testify about the force of the collision. Plaintiff requested a total award of more than $600,000. A Forsyth County jury deliberated for approximately six hours before returning a verdict for $3,500.