Messina v. Allstate Insurance Co.

SCHOTT, Chief Judge.

The issue in this case is whether a jury verdict of $15,000 for a herniated disc with no nerve involvement and no probability that surgery will be required in the future is so inadequate as to constitute an abuse of the jury’s discretion.

Plaintiff sustained neck and back injuries in an automobile accident on April 22, 1985. He first saw an internist who administered heat treatment and ultrasound for a short period and referred him to Dr. Gessner, an orthopedist.

Plaintiff’s first visit with Dr. Gessner was on October 16, 1985. Plaintiff complained of neck and back pain. He…