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Trucker at red light rear-ended by another 18-wheeler

Facts:
At 5:30 a.m. on Jan, 3, 2004, plaintiff Michael Semien, 42, a truck driver, was stopped in his 18-wheeler at a red light near Baytown when he was rear-ended by an 18-wheeler driven by Jerry Myers.

Semien sued Myers and his employer, Transwood, Inc., Omaha, Neb., alleging negligence in that Myers failed to control his speed.  The Defendant filed a general denial regarding liability.

Injuries/Damages:
The force of the impact caused Semien’s head to break the rear window of his cab. Semien suffered a 3 mm right posterolateral disc herniation at C4-5.  HE was treated conservatively for several months.  Surgery was recommended, but Semien declined.  His medical specials were $26,892.86.  Defendants claimed that Semien was not injured in the collision.

Result:
The parties settled for a confidential amount.