A federal jury, despite the defendant’s admission of negligence, awarded no damages to the woman who claimed neck injury following a rear-end accident on Interstate 64.
The big question was whether she was injured, and if so, how much of her injuries were related to the accident, said Brian McChesney, an attorney with Rynearson, Suess, Schnurbusch & Champion.
McChesney represented Jeffrey Gershman for his February 2019 traffic accident in St. Clair County in Illinois with plaintiff Teresa Neville. Neville claimed that she would require a cervical fusion in order to relieve the neck pain caused by her accident.
McChesney said that Neville’s problems requiring hydrocodone and chiropractic treatment dated back nearly two decades. McChesney said the crash was not the cause of the problems.
“When we looked back at the six-month period before the accident, her terms used in speaking to her doctors were almost the same as those she used after the accident,” he said.
McChesney stated that there was little dispute about the facts of the crash and his client admitted fault.
Emery Reusch, of Brown & Crouppen who represented the plaintiff did not respond to a comment request.
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Defense verdict for out-of-state
Motor vehicle collision
Venue: U.S. District Court, Southern District of Illinois
Case Number/Date 3:21-cv-131/March 9 2023
Judge: Reona Dally
Plaintiffs’ Experts : Eric Sincoff (neurosurgery), St. Louis
Experts for the Defendants: Donald deGrange (St. Louis)
Last Pretrial Demand : $150,000
Last Pretrial Offer: $100
State Farm Insurance
Caption: Teresa Neville v. Jeffrey Gershman
Plaintiffs’ attorneys: Emery Reusch Brown & Crouppen St. Louis
Defendants’ Attorneys: Brian McChesney, Rynearson, Suess, Schnurbusch & Champion, St. Louis
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