GMR Senior Associate Tom Giardina won a Monmouth County action after appealing a $37,500 arbitration award. Tom defended the rear-end auto claim by arguing that none of the claimed injuries amounted to a permanent injury to overcome the verbal threshold.
Plaintiff, age 55, alleged she suffered neck and back injuries, and MRI reports showed an annular tear, a herniation, and disc bulges. Plaintiff underwent chiropractic care, physical therapy, and injection therapy.
Tom argued that Plaintiff did not sustain a permanent injury through objective, credible medical evidence, relying on favorable IME reports and scoring points with an effective cross-examination of Plaintiff. The jury found that Plaintiff did not sustain a permanent injury related to the accident.