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Date: 09-22-2006

Case Style: Herbert Christopher Root v. Diana Burke and Joshua Shelton

Case Number: CJ-2004-967

Judge: Joe Sam Vassar

Court: District Court, Creek County, Oklahoma

Plaintiff's Attorney:

Dan Graves and BillMcLain of Graves & Barkett, PLLC, Tulsa, Oklahoma

Defendant's Attorney:

David Wilson and Steve Coates of Wilson, Cain & Acquaviva


Plaintiff's motorcycle was hit from behind on Highway 66 in Bristow. Plaintiff reported symptoms of C-6 C-7 radiculopathy. Plaintiff underwent conservative treatment with medical bills approximating $2,500.00. Plaintiff was involved in a second high speed collision. Dr. Anthony Billings recommended surgery for herniation at C-6 C-7 and, if symptoms did not resolve, C-3 C-4. Dr. Billings opined that the herniations were caused by the first accident and that the original MRI taken after the first accident was misread. Defendant contested liability, contended that original collision was low speed, and requested and received a jury instruction on intervening cause arising from the second accident. Defendant's expert opined that Plaintiff was not injured and MRI showed no herniation.

Outcome: Plaintiff's verdict for $100,000.00

Plaintiff's Experts:

Anthony Billings, M.D., neurosurgeon, Tulsa, Oklahoma and Lindsey Barnes, D.O., Tulsa, Oklahoma

Defendant's Experts:

Sami Framjee, M.D., Tulsa, Oklahoma, orthodpedic surgeon and Rex Merritt, P.I.

Comments: Reported by Daniel B. Graves

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