| On the morning of February 14, 2001, 21-year-old | | | | specialist because Theresas low back pain had not |
| Theresa Suddeth was on her way to class at the | | | | resolved. Theresa was advised to see an orthopedist |
| University of Washington. She was driving her 1983 | | | | doctor at Kruger Orthopedics clinic in Edmonds, |
| Jeep vehicle on Brooklyn Avenue in the University | | | | Washington. The doctor saw Theresa just one time |
| District of Seattle. Theresa was traveling the posted | | | | and prescribed 8 physical therapy sessions over the |
| speed limit of 30 mph. | | | | next 30 days. The doctor further instructed the |
| Another driver then pulled out in front of her without | | | | physical therapist to develop a home exercise |
| yielding the right of way. There was a T-bone collision. | | | | program for Theresa so she would not have to |
| Theresas vehicle struck the passenger side of the | | | | continue formal care. Theresa completed her last |
| defendants vehicle. The defendant, 80 year-old Peter | | | | physical therapy session approximately 6 months after |
| Combs*, claimed that he stopped before entering into | | | | the date of the collision. |
| the intersection, but that he could not see very far due | | | | When Theresa finished her last physical therapy |
| to the sunshine. Theresas vehicle sustained $4,000 in | | | | treatment, she stopped treatment. Theresa stopped |
| damage. The defendants vehicle was totaled. | | | | treatment even though her low back pain was still |
| Theresa instinctively swerved to her right upon impact. | | | | present. Theresa did not receive treatment for the |
| She hit her head on the driver side door window. She | | | | next two (2) years. |
| was thrown forward and back again upon impact. The | | | | During this two-year hiatus from medical care, |
| defendant was not injured. When police arrived on the | | | | Theresa continued to perform her exercises and |
| scene, the defendant was cited for failing to yield the | | | | stretching routines as instructed by her physical |
| right of way. | | | | therapist. She continued to experience daily low back |
| Theresa was very shaken up while at the scene. She | | | | pain. Theresas friends and family members all |
| immediately called her mother and father. They both | | | | testified at trial that Theresa complained about her |
| arrived on the scene to find that Theresa was crying | | | | back pain constantly. Theresa testified at trial that over |
| and very upset. | | | | this two-year period she continued the exercise and |
| Theresa refused medical attention at the scene. | | | | stretching routine as taught by her physical therapist. |
| However, when her mother arrived and saw the | | | | While Theresa was a full time student at the U.W., she |
| golf-ball-sized lump on Theresas head, she insisted | | | | was also employed in the shipping and receiving |
| that Theresa see the familys doctor that afternoon. | | | | department of a small local production company. Her |
| By the time Theresa saw her doctor a few hours | | | | co-workers would later testify at trial that Theresa |
| later, she was also experiencing neck and back pain. | | | | always needed help moving objects at work and that |
| The doctor diagnosed a neck and back strain and a | | | | she needed to take frequent breaks. |
| contusion to the head. Theresa was advised to go | | | | During her two-year hiatus from medical care, |
| home and ice her injuries and take Ibuprofen for pain. | | | | Theresa maintained a full curriculum at the University |
| Over the next 3 days Theresas complaints of pain | | | | of Washington. She graduated in four years with a |
| grew progressively worse. She would later describe at | | | | degree in Anthropology. Theresas mother would later |
| trial as feeling that she was hit repeatedly by a | | | | tell the jury that her only daughter was an exceptional |
| baseball bat all over her body. She went to the | | | | student. Theresa graduated from the U.W. with a 3.75 |
| Stevens Hospital emergency room with acute neck | | | | grade point average. |
| and low back pain. She was given a prescription for | | | | At the repeated urging of her mother, father and other |
| Vicodin and advised to rest and then follow up with | | | | family members, Theresa decided to return to a |
| her PCP in one week if her symptoms did not | | | | physician in August 2003. Theresas mother referred |
| significantly improve. | | | | her to another chiropractor who a lot of experience |
| Theresa never returned to see her PCP, despite the | | | | treating car accident victims with chronic back pain. |
| fact that her back pain persisted. At the suggestion of | | | | The chiropractor ordered an MRI scan of Theresas |
| a friend, Theresa sought treatment from a | | | | lumbar spine. The MRI revealed that Theresa had |
| chiropractor. She also received some massage. | | | | lower lumbar facet arthropathy (joint pathology) which |
| Unfortunately, this care actually made Theresas | | | | was consistent with traumatically induced arthritis to |
| symptoms worse. | | | | the facet joints. The MRI also revealed a very mild |
| About four months after the collision, Theresas | | | | disc protrusion at L5-S1. |
| mother called the PCP for a referral to a back | | | | |