Case details
Accident did not cause need for back surgery, defense argued
SUMMARY
$115000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, herniated disc, neurological, radiculopathy
FACTS
On March 4, 2013, plaintiff Mitchell Oakes, 45, an electrician and line foreman, was driving on State Route 91, in Los Angeles. His pickup truck’s rear end was struck by a trailing tractor-trailer that was being driven by Salvador Guzman. Oakes claimed that he suffered of his back. Oakes sued Guzman and Guzman’s employer, Progressive Transportation Services Inc. Oakes alleged that Guzman was negligent in the operation of his vehicle. Oakes further alleged that Progressive Transportation was vicariously liable for Guzman’s actions while in the course and scope of his employment. Defense counsel conceded liability. The trial addressed damages., Oakes claimed that he suffered a herniation of his L4-5 intervertebral disc. Oakes underwent months of intensive physical therapy. He also underwent administration of epidural injections of steroid-based painkillers. He claimed that the treatment provided no relief. On Sept. 30, 2014, he underwent replacement of his L4-5 disc. Oakes did not work during the four days that followed the accident. Some 30 days after resuming work, he filed a workers’ compensation claim. He has not resumed full-time employment. Oakes claimed that he suffers residual radiculopathy. Oakes’ expert neurosurgeon opined that Oakes requires further surgery, at a cost of nearly $1 million. Oakes sought recovery of a total of $13 million for past and future medical expenses, past and future loss of earnings, and past and future pain and suffering. Defense counsel had purchased a $256,000 workers’ compensation lien for $60,000 for a potential offset. Defense counsel disputed the seriousness of Oakes’ , noting that Oakes’ counsel did not retain a biomechanics expert. The defense’s biomechanics expert opined that Oakes’ surgery was not related to the accident. Defense counsel also presented photographs, created during the years that followed the accident, depicting Oakes playing in snow, changing a horse’s shoes and boating. Counsel also noted that Oakes had a felony conviction in 2004 and that Oakes pleaded guilty to another felony in 2014.
COURT
Superior Court of Los Angeles County, Santa Monica, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
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- mental
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- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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