He then received chiropractic treatment on ten occasions over the next five months, ending treatment completely on November 20, 1998. One month later he had an MRI which was interpreted by the plaintiff's radiologist to show a herniated disc at L5-S1 without any compression of the thecal sac or nerve roots. There was no further treatment. The plaintiff missed no time from his job as an airline mechanic. He claims he is now limited in that he no longer plays basketball, is limited in playing with his son, and needs to take extra stops when driving long distances.
Defendant further asserts that plaintiff had very significant credibility problems.
Defendant points to various forms and statements plaintiff had filled out or made after the accident where he denied having injuries. Plaintiff explained these inconsistencies by asserting that he probably was not having any symptoms on that particular day, or that he had lied on the form because he thought it would affect his overtime at work. As to plaintiff's reasons to stop treatment, he testified that the only reason he stopped treating was because of personal reasons involving transportation and his job. Defendant also pointed to plaintiff's testimony with regards to finding Dr. Nicola's name in the Yellow Pages, although Dr. Nicola was his attorney's cousin. Defendant contends that this fact leads to an inference that in fact plaintiff was referred to Dr. Nicola by his attorney and did not find him by chance.