Woman injured in rear-end collision with state trooper

The plaintiff suffered a lumbar herniated disc that required a fusion surgery. The surgery was successful, and she was discharged with no restrictions or limitations less than two years after the crash. She returned to all of her activities.

The case was defended on vehicle damage and causation. The trooper’s dash-cam video showed that the plaintiff’s vehicle was barely tapped. To attack causation and emphasize the plaintiff’s pre-existing condition, the defense presented the testimony of Dr. Philip Mayer. The defense’s theory was two-fold: (1) The plaintiff’s injuries could not have been caused by the trooper rear-ending her vehicle while stopped at the red light because of the low-speed nature of the collision, and (2) The plaintiff’s injuries were pre-existing and related to two previous surgeries and, thus, not caused by this collision.

The defense’s medical evidence was rebutted with testimony from the plaintiff’s previous surgeon who testified that the plaintiff had been completely discharged from his care and that she had been experiencing no symptoms. He did not believe that the plaintiff’s disc herniation was present before the 2019 rear-end collision. But if it had been, he testified, the collision would have aggravated the injury.

The fact-finder found that Dr. Mayer’s testimony was “less persuasive” than the testimony from the plaintiff’s treating physicians and surgeons, concluding that “the collision substantially and materially exacerbated [the Plaintiff’s pre-existing medical issue], resulting in the significant injury that plaintiff suffered as a result.”

In addition to her own testimony, the plaintiff called her former employer, her husband and her son to rebut the defense argument that her injury and impairment had existed before the 2019 rear-end crash.

Defendant never altered its position that this was a zero case/no-cause case, refusing to make any settlement offer on this case at any point.

Plaintiff’s law firm provided case information.

Type of action : Third party automobile negligence

Injuries alleged: Herniated disc in the lumbar spine

Name of case: Cavill v. State of Michigan d/b/a Michigan State Police

Court/Case no./Date: Michigan Court of Claims; 19-000208-MZ; 03/19/2024

Tried before: Judge

Name of judge: Hon. Brock A. Swartzle

Highest offer: $0

Verdict amount: $475,000

Attorneys for plaintiff: Joshua R. and Jordan M. , Farmington Hills

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