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Mass Tort Update
Messink vs. McInerney, et al.
Date: November 1, 1996;
Result: $ 97,500 Recovery
State: New Jersey
Facts: In this action involving a male plaintiff driver in his mid-30's who was involved in two accidents approximately one year apart, liability was not in dispute in either accident. The plaintiff contended that in the first accident, he suffered soft tissue cervical and lumbar injuries which required chiropractic care and physical therapy. The plaintiff maintained that he was improved when he was involved in the second accident. The plaintiff contended that he developed radiating lumbar pain after this second accident and that an MRI disclosed a bulging disc. The initial defendant contended that the injuries sustained in the first accident resolved and the second defendant contended that there was no evidence that the alleged bulge was impinging. The case settled prior to trial for $ 97,500 with the first defendant paying $ 25,000 and the second defendant paying the balance.
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