1/22/2006 - Posted by:
Gallagher Law Firm
Phone: 810-227-2020
Alt. Phone: 517-861-0577
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Deborah Hogan vs Tri-Way Truck Leasing
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Deborah Hogan vs Tri-Way Truck Leasing
in the Circuit Court for the County of Livingston.
This case is an example of why I like to wait a sufficient time for full recovery before filing suit on behalf of an injured person.
Debbie Hogan, age 33, mother of three children, was driving when she was struck by a semi-truck which was making an illegal left turn. Liability was not an issue in this case. As a result of the crash, Debbie suffered a herniated disc in her neck which required a fusion. The surgical procedure was performed and Debbie seemed to be recovering fully.
When I checked with Debbie to find out her status immediately prior to filing a law suit, I learned that she had inexplicably been taken by ambulance to St. Joseph Mercy Hospital and was wheelchair bound with a sudden onset of multiple sclerosis, which had completely debilitated her rendering her immobile, unable to walk.
I checked with all of her treating physicians who were of the opinion that there was no relationship between the trauma Debbie received in the crash with the truck and the onset of multiple sclerosis. However, we were not convinced. I associated with another attorney who specialized in multiple sclerosis and truck injury cases. We were eventually able to prove with expert medical testimony, that Debbie had pre-existing multiple sclerosis, the symptoms were available in her medical records. We were also able to prove and that the trauma of the truck crash exacerbated those symptoms.
We were able to establish with the aid of a recent Michigan Supreme Court case that the defendant was responsible for the aggravation of her pre-existent condition and the case Settled for $1,000,000.00.
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