Big rig trucks are colossal machines, hauling an average of at least 35,000 pounds. They dominate the roads. It is the responsibility of their operators to maintain constant alertness and awareness. Unfortunately, one such driver failed to uphold this crucial duty. As traffic congested ahead, the driver did not break in time. The semi-truck crashed into the vehicle in front of it with such force that the rear-ended car was pushed into the back of a second vehicle. In that second vehicle — an SUV — a family was driving home from vacation, unaware of the impending disaster barreling toward them. The impact was devastating. Had it not been for the second vehicle buffering some, the family might not have survived.
The collision's aftermath was chaotic. Every member of the family — father, mother, and children — required hospitalization. After further examination, doctors revealed that the mother needed to undergo a cervical discectomy fusion to repair the damage to her spine.
Shortly after the incident, the family sought justice for the harm done to them. They were referred to Oklahoma attorneys Luke Abel and Kelly Bishop of Abel Law Firm. With a reputation for handling intricate personal injury matters, Luke and Kelly were well-equipped to take on the family’s case.
Luke and Kelly took depositions and filed discovery motions against the truck driver’s employer. They knew that liability and damages would be the best angles to represent their client. While the Defense initially denied liability, the abundance of evidence to the contrary quickly squashed that argument.
The Defense, a formidable titan in the trucking industry backed by vast resources and out-of-state representation, mounted a vigorous case. Their goal was to obscure the causation of the family’s injuries. Due to complications in the first surgery, the mother had to undergo a second surgery to reinforce the repairs made to her spine. The Defense quickly claimed that this second surgery was unnecessary, questioning the validity of the damages sustained from the accident.
Undeterred by the Defense's tactics, Luke and Kelly formulated a robust argument, emphasizing the need to prove the direct link between the collision and the family's suffering. They brought in an accident reconstructionist, medical expert, and the treating surgeon, who attested to the damage done to her spine. Having anticipated the Defense's accusations regarding the necessity of the second surgery, Luke and Kelly enlisted the aid of DK Global. Their goal was to create a 3D animation of both the first and second surgeries the mother underwent. The duo wanted to show the invasive intricacies of the surgeries and their crucial impact on the mother. Importantly, they aimed to demonstrate that they were not afraid to go to trial.
The first animation began with a 3D depiction of the mother lying in a supine position. It demonstrated the right-sided approach to the spine, detailing the dissection through the platysma and the movement towards the prevertebral space. The longus colli muscles at C5-6 and C6-7 were reflected alongside the use of a 15-blade for the annulotomy. The disc space was distracted, and the posterior osteophytes were resected using a bur. Complete central and bilateral foraminal decompressions were depicted, followed by the insertion of corticocancellous structural allografts. The animation concluded with the placement of the plate and screws, followed by closure of the surgical site. Next, the second animation commenced with the 3D character in a prone position in Mayfield tongs. It showed a midline incision through the fascia to reveal the C6-C7 lamina, the placement of lateral mass bone screws at C6 and C7, the decortication of the C6 and C7 facets, and the placement of 10cc of allograft DBM into the posterior gutter. The animation concluded with the application of two rods set in place with screws before the wound was closed.
Luke and Kelly presented the animation alongside their experts’ depositions at their first mediation attempt. The Defense’s attention shifted from indifferent to attentive. They even remarked on the quality of the animation. Luke and Kelly’s effort bore fruit during the second mediation, where they successfully convinced the Defense to meet their demands. The case resolved for a confidential amount to help the mother and the entire family heal.
Luke Abel is an Oklahoma City-based personal injury attorney with Abel Law Firm. He joined the firm his father founded in 2006 and has become a formidable force in the tort sphere. He was named the 2023 "Lawyer of the Year" for Plaintiff's product liability litigation by the national Super Lawyers advisory board, and has secured countless six-, seven-, and even eight-figure settlements for his clients. Outside his practice, Luke dedicates his time to his wife, three children, and an active, well-rounded lifestyle.
Kelly Bishop joined the Abel Law Firm in 1993 and has been an integral part of the group ever since. A mainstay on the Oklahoma Super Lawyers list since 2013, Kelly is dedicated to helping people receive the just compensation they deserve. He routinely lectures for the Oklahoma Bar Association, the Oklahoma Association of Justice, and the University of Oklahoma College of Law. A dynamo in and on the court, Kelly is also a passionate and seasoned tennis player.
