Frye, et al. v. Liberty Mutual Fire Ins. Co., et al.

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Spinal injuries causally related to accident
PERSONAL INJURY: $425,000 settlement
Case name: Frye, et al. v. Liberty Mutual Fire Ins. Co., et al.
Injuries claimed: Cervical and lumbar spine disc injuries
Court: Milwaukee County Circuit Court
Case number: 08CV003124
Judge: Hon. Mel Flanagan
Verdict & Settlement: Settled prior to trial
Amount: $425,000
Date of incident: March 16, 2005
Disposition date: July 23, 2010
Original filing date: March 3, 2008
Plaintiffs attorney (firm): Kevin R. Martin, Cannon & Dunphy, S.C., Brookfield
Defendants attorney (firm): Daniel Jungen, Stilp Law Office, Brookfield
Insurance carrier: Liberty Mutual Fire Ins. Co.
Plaintiffs expert witnesses: Dennis Maiman, M.D.
Defendants expert witnesses: Morris Soriano, M.D.
Summary of the facts: The plaintiff was a rear-seat passenger in a vehicle that was rear-ended by the defendant on March 16, 2005. The plaintiff had immediate complaints of neck and low-back pain and was placed on conservative treatment for both.
After conservative treatment failed, the plaintiff underwent a lumbar laminectomy in September 2006. Post-operatively, he continued his home exercise program for his neck. The plaintiff developed worsening neck pain with radiculopathy in 2009. After additional conservative treatment failed, the plaintiff underwent two cervical spine surgeries in August and September 2009.
The defendants admitted that the lumbar spine injury and surgery were causally related to the subject collision but disputed the cervical spine injury and surgeries. The case settled at mediation with Chuck Stierman.