Case details

Auto accident led to two spinal surgeries, plaintiff claimed




Mediated Settlement

Result type

Not present

back, disc protrusion, lumbar
On Nov. 7, 2016, plaintiff Robert Nursall, 28, a union-affiliated carpenter and form builder, was a front-seat passenger of a car that was traveling on the westbound side of Interstate 10, also known as the San Bernardino Freeway, in Pomona. When he was east of the exit for Towne Avenue, his vehicle was rear-ended by a pickup truck operated by Raymond Duncan. Nursall claimed to his back. Nursall sued Duncan; the registered owner of Duncan’s vehicle, C-ME Trim Co. Inc.; and Duncan’s employer, the owner of C-ME Trim Co., Charles Miinch. Nursall alleged that Duncan was negligent in the operation of his vehicle and that Miinch and C-ME Trim Co. were vicariously liable for Duncan’s actions. The defendants admitted liability for the accident., Nursall was taken from the scene by ambulance and brought to a hospital with complaints of head and lower back pain. He was treated and released from the hospital that same day. Nursall ultimately claimed that he suffered protrusions of his L4-5 and L5-S1 intervertebral discs. In January 2019, Nursall underwent a discectomy, which involved excision of portions of his L4-5 and L5-S1 discs. He underwent another discectomy at the L5-S1 level on Oct. 8, 2019. Nursall claimed that he missed one week of work because he continued to have pain in his lower back after the accident. He also claimed that he was unable to return to work at full capacity after undergoing the surgeries. Plaintiff’s counsel contended that the vehicle Nursall was in was traveling at 55 mph when Duncan’s vehicle struck it at 40 mph. Counsel also argued that Nursall would possibly require future epidural injections and physical therapy, costing about $727,000, over the next 45 years, which was Nursall’s life expectancy. Nursall sought recovery of $36,166.91 in past out-of-pocket medical costs and $727,000 in future medical costs. He also sought recovery of past and future loss of earnings, and damages for his past and future pain and suffering. Defense counsel argued that Nursall’s were not a result of the impact, as the property damage to Duncan’s vehicle was minimal.
Superior Court of Riverside County, Riverside, CA

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