Miglas v. A-Able, Inc. CA2/7
Tom Miglas (Miglas) and his wife, Regina Maria Miglas, appeal from a judgment entered after a jury trial. The jury awarded Miglas $1,136.18 in damages for personal injuries suffered in a 2012 automobile collision and awarded Regina $500 for loss of consortium. Miglas and Regina had sought $6 million and $500,000 in damages, respectively. A-Able, Inc., doing business as Fume-A-Pest & Termite (A-Able), admitted liability, but contested causation and damages.
A central issue at trial was whether injuries to Miglas’s neck were caused by the 2012 accident or an earlier automobile collision in 2007, for which he had spine surgery. Dr. James Kayvanfar, an orthopedic surgeon, testified for the defense based on his review of photographs of damage to the vehicles that when A-Able’s pickup truck rear-ended Miglas’s car, the car bumper absorbed most of the energy from the impact, and the force transferred to Miglas would have been “very small.” He opined that because of the natur
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