In 2011, M.L. was a passenger in the vehicle owned and driven by W.V., which was traveling southbound on Overland Road, when the tortfeasor swerved into their path from the northbound lane of Overland Road, in an attempt to avoid striking the rear of the vehicle ahead of him. The tortfeasor was cited for careless driving. M.L. was transported to an area hospital, where he was evaluated in the emergency department for complaints of injuries to his neck and back, and a CT scan of his cervical spine was obtained, which showed no evidence for acute fractures.
M.L. presented for continued care at an area medical facility. The doctor referred him for an MRI of his cervical spine, and based on its results, referred him to another doctor for a neurosurgical evaluation. The doctor has opined that M.L. is a candidate for anterior cervical discectomy and fusion at C3-7. The insurance company tendered BI limits of $10,000, and the other insurance company tendered UM limits of $100,000 based on this surgical recommendation.