Jury finds Illinois crash unconnected to woman’s neck pain

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David Baugher//June 21, 2023//

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Despite an admission of negligence by the defendant, a federal jury awarded no damages to a woman who claimed neck pain in the wake of a rear-end collision on Interstate 64.

“The big question in the case was whether or not she was injured and, if so, to what extent were the injuries related to the accident,” said attorney Brian McChesney of Rynearson, Suess, Schnurbusch & Champion.

McChesney represented defendant Jeffrey Gershman in connection with his February 2019 traffic accident with plaintiff Teresa Neville in St. Clair County, Illinois. Neville claimed she would need a cervical fusion to relieve neck pain she alleged was caused by the crash.

However, according to McChesney, Neville’s difficulties requiring chiropractic treatment and hydrocodone went back for nearly two decades. McChesney argued the issues were not caused by the crash.

“When we looked at the six months prior to the accident, she was using terms in talking to her doctors that were pretty much the same as after,” he said.

McChesney said there was very little dispute over the facts of the crash itself and his client acknowledged fault.

Emery Reusch of Brown & Crouppen, who represented the plaintiff, did not return a request for comment.

Defense verdict (out of state)

Motor vehicle collision