Case details

Auto accident caused injury of spinal disc, plaintiff claimed

SUMMARY

$976900.03

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, disc protrusion, lumbar
FACTS
On March 25, 2020, plaintiff Candelario Ahumada, 43, was driving on State Route 152, in Gilroy. His vehicle collided with a tractor-trailer that was being driven by Charles Sawyer, who was executing a left turn from the opposite side of the roadway. Ahumada claimed that he suffered an injury of his back. Ahumada sued Sawyer and Sawyer’s employer, Blue Sky Towing Inc., which also owned Sawyer’s vehicle. The lawsuit alleged that Sawyer was negligent in the operation of his vehicle. The lawsuit further alleged that Blue Sky Towing was vicariously liable for Sawyer’s actions. Ahumada claimed that Sawyer crossed the roadway’s double yellow line while turning. Defense counsel did not contest liability., Ahumada was retrieved by an ambulance, and he was transported to a hospital. He underwent minor treatment. Ahumada ultimately claimed that he suffered trauma that produced a protrusion of his L4-5 intervertebral disc. He underwent chiropractic treatment, physical therapy, a pain-management regimen and implantation of a neurostimulator: a device that provides pain-relieving stimulation of spinal nerves. Ahumada claimed that he suffers residual pain that prevents his tolerance of prolonged periods in which he is seated, running or walking. He continues to work. He also claimed that his neurostimulator would require periodic replacement of its battery and leads. He sought recovery of past and future medical expenses, and he sought recovery of damages for past and future pain and suffering.
COURT
Superior Court of Santa Clara County, Santa Clara, CA

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