In October 2007 at approximately 9:30 p.m., ES was on his way home, traveling northbound on 228th Avenue NE in Sammamish, Washington. As he entered the intersection of 228th and NE 25th, he was unexpectedly cut off by EM, who made a left turn from 228th onto NE 25th, cutting in front of ES's vehicle. The King County Sheriffs responded to the scene and upon investigation, listed EM as negligent in their report. (See Exhibit 1 – Accident Report & Property Damage Photos)
Washington law provides that the drivers on the road have the duty to exercise ordinary care and avoid causing a collision. See RCW 46.61.445 and Washington Pattern Jury Instruction (WPI) 70.01. EM was negligent when she failed to be attentive while driving a vehicle, yield for traffic ahead, drive responsibly (safe speeds), and otherwise obey the rules of the road. As a direct result of EM's negligence, ES sustained injuries to his neck, back, right shoulder, and associated body structures. A summary of his injuries and treatment are outlined below.
- Cervical strain/sprain with in tenderness, pain, muscle spasms, and limited range of motion. Whiplash injury with resultant ligamentous instability and acceleration of spinal disc disease. MRI revealed disc protrusion and disc bulge with nerve impingement – surgical intervention recommended
- Back strain/sprain with tenderness, pain, muscle spasms, and limited range of motion (thoracic region) resulting in ligamentous instability and acceleration of spinal disc disease.
- Shoulder strain/sprain with tenderness, pain, muscle spasms, and limited range of motion. MRI revealed partial thickness tear of supraspinatus tendon
- Sleep disturbances/fatigue
ES is a 48 year old married man who enjoys spending time with his family and friends. Hobbies include yard work, fishing, walking, sports, music, movies, and outdoor activities.
He was fairly healthy before the collision and since then has not as active as he was before. He must perform exercises at home on a regular basis just to manage/maintain his symptoms and avoid flare ups. His return to recreational activities has been slow and guarded for fear of re-injury.
This accident disrupted and changed ES’s life and he is now a surgical candidate. He had never had significant neck/back/shoulder problems prior to this accident. He was unable to perform his usual everyday tasks such as driving, home maintenance projects, yard work, and his job duties at work.
Chris Davis, the founder and principal personal injury lawyer
at Seattle-based Davis Law Group has been very successful acquiring fair and reasonable financial compensation for his clients.