Case details

Accident caused neck and back injuries, plaintiff claimed

SUMMARY

$32085

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, lower back, neck
FACTS
On July 11, 2011, plaintiff Gordon Phillips, an unemployed 59 year old, was stopped in the intersection of 20th Street East and Avenue Q in Palmdale when the right, front of his Ford Mustang was impacted by a patrol vehicle operated by Los Angeles County Deputy Sheriff Betsy Shackelford, who was attempting to make a left turn. Phillips claimed the collision caused to his neck and back. Phillips sued Shackelford; her employer, the county of Los Angeles; and the vehicle’s owner, the Los Angeles County Sheriff’s Department. Phillips alleged that Shackelford was negligent in the operation of her vehicle, and that the county and sheriff’s department were vicariously liable for Shackelford’s actions. The sheriff’s department was ultimately discontinued against. Thus, the matter continued against Shackelford and the county only. Phillips claimed that since he was stopped at the time of the crash, Shackelford was at fault by failing to maintain a proper lookout. He also claimed that Shackelford was not responding to an emergency at the time of the accident, but that the county was liable for Shackelford’s actions because she was still engaged in the scope of her employment. Shackelford claimed she did not see Phillips’ car until the impact because the sun was in her eyes and her vehicle’s door frame and outside spotlight blocked her view., Four days after the accident, Phillips presented to a chiropractor with complaints of pain in his neck and back. He was diagnosed with soft-tissue and sprains and strains to his neck and lower back. Phillips subsequently underwent six months of chiropractic treatment, beginning on July 21, 2011. Phillips claimed he continues to suffer residual pain and a limited range of motion. He alleged that as a result, he is unable to perform certain activities, such as gardening, working on his car and riding his bike. The plaintiff’s accident reconstruction expert testified that since Shackelford was traveling between nine and 12 mph, and Phillips was stopped, the principle direction of force was 37 to 47 degrees. The expert opined that, based on the degree of force and the speed change experienced by Phillips at the time of the crash, Phillips suffered significant twisting and bending along the length of his spine. Thus, the plaintiff’s expert orthopedist testified that Phillips’ were caused by the accident. The defense’s expert orthopedist testified that Phillips’ soft-tissue should have resolved with conservative care in four to eight weeks. The expert further testified that the total amount of reasonable medical expenses incurred by Phillips should have been $1,800.
COURT
Superior Court of Los Angeles County, Pasadena, CA

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