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Back and Neck Injury Claim Headed for US Supreme Court

Back and Neck Injury Claim Headed for US Supreme Court

Apr 08 2015 Gordon Gibb

Washington, DC: A plaintiff who suffered a back and neck injury at the hands of a drunk driver and spent most of his neck injury compensation money on legal fees and care for himself and his young daughter has successfully petitioned to have the US Supreme Court decide if he needs to pay back more than $120,000 to his benefits plan.  

According to court documents, Robert Montanile suffered a serious back and neck injury when the car in which he was driving was hit by a drunk driver in Florida, in 2008. The other driver had run a stop sign. Montanile, who required lumbar spinal fusion surgery following the accident, launched a back injury lawsuit against the driver and won $500,000 in his back injury compensation claim - a claim that also included the injury to his neck.  

Montanile‚Äôs benefits plan, the National Elevator Industry Health Benefit Plan (NEI), was successful in persuading a lower court to require Montanile to repay more than $120,000 in funds the Plan disbursed for medical expenses following the accident.  

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