Tort Law

 This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Back and Neck Injuries and the related topic of personal injury.   For more information on spinal injuries see the page on Wikipedia.

Back and Neck Injuries-Cases

1975 Murphy v. Virginia Carolina Freight Lines, 215 Va. 770, 213 S.E.2d 769.

Plaintiff suffered back and neck injuries causing prolonged period of pain and suffering. Damages in personal injury cases left largely to discretion of jury. First verdict for $25,000 is not excessive and does not shock conscience.

1974 Clatterbuck v. Miller, 215 Va. 359, 209 S.E.2d 904.

Plaintiff’s vehicle rear-ended by defendant’s vehicle. Plaintiff suffered minor back sprain which cleared up approximately one month after accident; at first trial, jury returned verdict for $40,000. Trial judge granted new trial feeling verdict was excessive. At second trial, jury returned verdict for plaintiff for $5,000. Affirmed.

1966 Hailes v. Gonzales, 207 Va. 612, 151 S.E.2d 388.

Plaintiff suffered injuries to her back in rear-ender. Future pain and suffering could be taken into consideration where there was evidence to support it; however, future medicals could not be taken into consideration where no evidence that such expenses would be incurred and especially where evidence to contrary, as plaintiff had been taken off all medication.

1966 Smith v. White, 207 Va. 482, 151 S.E.2d 359.

Plaintiff claimed whiplash injuries from slight collision. Defendant’s doctor testified that impact being very slight, he could find no whiplash. Verdict for defendant set aside and new trial granted. This was error.

1966 Langhorne Rd. Apts., Inc. v. Bisson, 207 Va. 474, 150 S.E.2d 540.

Plaintiff suffered severe injury to back when he slipped on ice and snow accumulated on walk leading to apartment house owned by defendant. Jury verdict and judgment for plaintiff for $15,000, affirmed.