Jury rules in favor of trucking company, driver in accident

The defendants were a trucking company and its driver who admitted negligence for an automobile accident. At issue were the injuries of a 31-year-old plaintiff who underwent two cervical spine fusions and is left with what his Beaumont surgeon testified is likely permanent nerve damage.

The plaintiff denied any prior neck pain and, though there was a question of whether that was true, there was no evidence that he ever received imaging, testing or treatment before the accident.

Although defense experts conceded that he could have suffered a whiplash injury and that up to six months of treatment with physical therapy and injections may have been appropriate, the jury took only 30 minutes to deliberate and returned a unanimous verdict that the plaintiff suffered no injuries from the accident.

Carol Smith, counsel for the defendants, provided case information.

Type of action: Automobile negligence

Injuries alleged: Cervical herniations and nerve damage

Name of case: Lee Carl Davison-Weigt v. S&D Cartage Inc.

Court/Case no./Date: Macomb County Circuit Court; 22-003511-NI; 02/29/2024

Tried before: Jury

Name of judge: Hon. Jennifer M. Faunce

Verdict amount: $0

Mediation award: $225,000

Most helpful experts: Adeel Khalid, MD, radiology, Pontiac; Daniel Park, MD, orthopedic spine surgery, Royal Oak

Attorney for defendant: Carol A. Smith, Livonia

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