Here was the deal: On the night of July 24, 2005, Q left the Cardinals-Cubs game riding with his best friend at the time, Becky E. Becky E. was driving. They were on Memorial Drive on the on ramp to enter the interstate and the Poplar Street bridge. They were rear ended.
Q did not appear to be injured except perhaps a bruise to his arm, or shoulder or elbow, depending on who you listened to. He also said he suffered a whiplash injury at the time. Becky E did suffer a whiplash injury in the accident. She testified that Q only complained of an injury to his elbow after the accident. In any event, Q did not seek medical attention on the night of the accident. He went to a bar instead. Q testified that he started having symptoms of leg weakness and numbness, lack of coordination and difficulty walking after the accident, but did not go to a doctor until 37 days later. When he went to the doctor initially, Q was only complaining of chest pain and not numbness or difficulty walking. The doctor who examined him at this time did not testify, but his chart suggested that he did a physical and neurological examination on Q (including his neck) which were normal.
About 10 days after the examination, Q said that his problems with his legs became worse. One time, when he was working as a DJ at Diggers Dugout in Stanton, Illinois, his legs gave out after a gig when he was loading equipment into his van. He fell. He returned to his doctor now complaining of numbness in his legs and hands with difficulty walking. That doctor immediately suspected a spinal chord injury and sent him to a neurologist.
Q told the neurologist that he had been having problems with numbness and balance for about 10 days at that it started suddenly. He told the neurologist about his fall as a DJ. Later on, almost in passing, he told the neurologist, that he was involved in an automobile accident what was now two months earlier.
The neurologist sent Q to a neurosurgeon. The neurosurgeon testified that Q suffered from a herniated disc in his neck at the C-5/6 level superimposed on degenerative disc changes. The herniation impinged upon Q's spinal chord. This type of herniation, according to the neurosurgeon, can result in numbness to the extremities and balance problems. The neurosurgeon then proceeded to perform two surgeries on Q's neck. When those were not successful, the neurosurgeon referred Q for a second opinion to a neurosurgeon at a major medical university. This second neurosurgeon then performed another surgery. That surgery also did not alleviate Q's issues. He still to this day has numbness,a shaking twitching leg and cannot walk without a cane. He has been found to be disabled by SSI. He has not worked since the accident.
Both neurosurgeons testifed that the accident to a reasonable degree of medical certainty caused his neck injury and need for surgery. This is because the symptoms of a spinal chord compression may not become evident for several months. Mr. Lawyerman's expert testifed that if the accident caused Q's symptoms, they should have been evident shortly after the accident, not two months later.
Things are never that simple though. The jury did not give Q anything. That is how the story ended.
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