Case details
Back injury not related to rear-end collision, defense alleged
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
back, bulging disc, head, headaches, lumbar head
FACTS
On Oct. 5, 2017, plaintiff Janet Paniagua, 39, a hairdresser, was stopped at a red light at the intersection of West Kettleman Lane and Church Street, in Lodi, when her midsize sedan was rear-ended by a pickup truck operated by Jean Martin. Paniagua claimed to her head, neck and back. Paniagua sued Martin, alleging that Martin was negligent in the operation of her vehicle. Martin admitted liability for the collision., Paniagua claimed she sustained a bulging lumbar disc at the L5-S1 level with a sacroiliac joint dysfunction. She claimed her lower back pain radiated into her neck and head, causing migraine headaches. She ultimately treated her pain with epidural injections, which were administered by her treating physician. Paniagua claimed that she will need additional steroid injections in the future. Paniagua sought recovery of damages for her past and future pain and suffering only. Defense counsel noted that Paniagua’s counsel failed to disclose the plaintiff’s experts, so Judge Jayne Lee excluded all of those experts. Defense counsel denied that Paniagua suffered any from the subject collision based on the low forces involved. The defense’s neurosurgery expert opined that there was some evidence of lumbar disc desiccation, which is one of the most common features of degenerative disc disease, and that Paniagua’s epidural injections were not indicated. Defense counsel noted that Paniagua’s medical records showed that Paniagua had pain in her lower back that became worse with sitting since 2013. Accordingly, counsel contended that Paniagua’s lower back pain was caused by preexisting lumbar degenerative disc disease and was not related to the subject accident.
COURT
Superior Court of San Joaquin County, Stockton, 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
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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