Case details

Accident did not cause need for cervical surgery: defense

SUMMARY

$51800

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, brain, brain injury, cervical, cognition, herniated disc, impairment, knee, lower back, mental, neck, psychological, traumatic brain injury
FACTS
On Jan. 13, 2010, at around noon, plaintiff Susan Keck, 57, a program director for Hope House, was driving on Missouri Flat Road, near Pleasant Valley Road in Placerville, when her vehicle was rear-ended by a vehicle operated by Robert Rocha. Keck claimed to her head, right wrist, right knee, lower back, and neck. Keck sued Robert Rocha the co-owner of Mr. Rocha’s vehicle, Janet Rocha. Keck alleged that Mr. Rocha was negligent in the operation of his vehicle and that Ms. Rocha was vicariously liable for Mr. Rocha’s actions. The defendants conceded liability., After the collision, Keck was driven to Marshall Medical Center in Placerville by her husband, where Keck was treated and released. She later underwent MRIs of her head, and cervical and lumbar spine, as well as saw numerous healthcare providers, including a neurosurgeon; a pain management physician; one of her treating orthopedic surgeons, Dr. Benjamin Ling; and one of her treating physical therapists, Kim McKinstry. Keck claimed she suffered cervical disc herniations as a result of the accident. Thus, she ultimately underwent cervical disc replacement surgery at a two levels with her other treating orthopedic surgeon, Dr. Philip Orisek, on Dec. 1, 2011. Keck claimed she suffers memory loss, difficulty with organizational skills, poor concentration, social awkwardness, and impairment in writing and verbal skills as a result of the accident. Thus, she sought recovery of $241,788.29 in total past medical expenses, including $16,500 for the first four months of treatment and $24,473 for 20 additional months of treatment. Her husband, Darryl Keck, sought recovery of damages for his loss of consortium. Defense counsel presented photographs of the minor damage to Ms. Keck’s vehicle and contended that the accident involved a low-speed rear-end impact, which could not have caused some of the alleged. Counsel acknowledged that Ms. Keck suffered soft-tissue to her neck and back, but argued that Ms. Keck’s alleged cognitive complaints and cervical disc herniations were not caused by the collision. Counsel also argued that the two-level cervical disc replacement surgery was not causally related to the accident. The defense’s biomechanical expert testified that there was no mechanism of injury for the posterior disc bulges/herniations. In addition, defense counsel noted that the plaintiff’s treating neuropsychologist testified that Ms. Keck had histrionic personality features and somatoform tendencies, which contributed to Ms. Keck’s cognitive difficulties and pain experience.
COURT
Superior Court of El Dorado County, El Dorado, CA

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