PASSENGER RECOVERS DESPITE 27-DAY DELAY IN STARTING TREATMENT, CLAIMS NECK SURGERY CAUSED BY COLLISION
Venue: Buchanan County Circuit Court
Case Number/Date: 11BU-CV03002/September 4, 2012
Judge: Patrick Robb
Plaintiff’s Expert: William O. Hopkins, Prairie Village, KS (orthopedic)
Special Damages: Original medical charges $50,972; lost wages $1038
Insurers: OOIDA Risk Retention Group for C&J Meyer Trucking and Clayton Meyer; AAA Insurance for Sierra Angst
Caption: Regina Rollett-Osborn v. C&J Meyer Trucking, LLC; Clayton Meyer and Sierra Angst
Plaintiff’s Attorney: James Montee for Montee Law Firm, P.C., St. Joseph
Defendants’ Attorneys: Scott Hofer and William Logan of Foland, Wickens, Eisfelder, Roper & Hofer, Kansas City for C&J Meyer Trucking and Clayton Meyer; Pamela Brown, Kansas City, for Sierra Angst
St. Joseph, Missouri auto accident attorney James Montee, has reached a settlement on behalf of his client for injuries received in a Wabaunsee County, Kansas automobile accident.
On April 27, 2011 approaching midnight, Sierra Angst was driving her 2005 Chevy Cavalier eastbound on I-70 in Wabaunsee County, Kansas with four passengers returning to St. Joseph, Missouri from a family visit to western Kansas. Regina Rollett-Osborn was seated in the back seat behind Angst resting her head to the side attempting to fall asleep. A semi tractor-trailer behind the Cavalier attempted to pass and clipped the passenger rear side of the car with its trailer. Both vehicles pulled to a rest stop ahead on the road and reported the incident to local law enforcement. Damage to the Cavalier was modest and no injuries were reported at the scene.
Regina Rollett-Osborn returned to her job as a hotel housekeeper soon after returning to St. Joseph. In the weeks following the accident, Rollett-Osborn experienced increasing neck pain and headaches along with numbness and tingling sensations into the left arm and hand. Because of her increasing symptoms Rollett-Osborn went to Heartland hospital on May 24, 2011 for an examination. An MRI of the cervical spine demonstrated a large right paracentral disk herniation at C6-7 and disk bulging at both C4-5 and C5-6. The radiologist did not describe any preexisting degenerative changes in the cervical spine and Rollett-Osborn denied any history of neck problems prior to the motor vehicle accident. On May 31, 2011 Rollett-Osborn underwent anterior cervical fusion.
Rollett-Osborn filed suit in Buchanan County, Missouri against the driver of her vehicle and against the semi driver and owner. All parties to the lawsuit were Missouri residents. The plaintiff agreed to a settlement of $200,000 from the trucking company and $11,000 from the driver of her vehicle.