Case details

Bar fight did not cause plaintiff’s neck injuries, defense argued

SUMMARY

$4000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
cervical disc niation, eye, neck, struck face
FACTS
On March 16, 2014, plaintiff Matthew McCool, 41, a consultant, was involved in a physical altercation with Thomas Powers at a bar in Hermosa Beach. McCool claimed that Powers struck him in the face, causing to an eye and neck. McCool sued Powers, claiming battery. Plaintiff’s counsel maintained that Powers struck McCool in the face, without provocation, during a verbal argument. Counsel also produced witnesses who testified that they saw Powers strike McCool and surveillance video footage that allegedly showed the punch. Defense counsel maintained that McCool acted in an irate manner and verbally provoked the fight. Thus, counsel argued that Powers acted in self-defense. However, plaintiff’s counsel noted that defense counsel did not produce any witnesses who could back up Powers’ version of events., McCool claimed that he sustained a bruised eye and a 2-millimeter cervical disc herniation at the C4-5 level. He was subsequently treated in an emergency room the day after the incident and he underwent six weeks of chiropractic treatment, consisting of two to three treatments a week, beginning one month after the incident. McCool then underwent a second two-month round of treatment with the same frequency of visits after moving to San Francisco one year after the incident. Thereafter, he received two epidural steroid injections. McCool claimed he had to miss four weeks of work due to his . The plaintiff’s pain management expert testified that McCool’s condition has not resolved and that McCool continues to experience significant pain. The expert also opined that McCool will require two or three more epidural steroid injections in the future. Thus, McCool sought recovery of $96,000 in past medical expenses, $50,000 in future medical expenses, and $500,000 in damages for his past and future pain and suffering and lost income. Defense counsel noted that McCool went on a trip to Australia two weeks after the incident without seeking medical attention. Thus, counsel argued that McCool’s cervical condition was not caused by the subject incident. Defense counsel also argued that McCool had not placed any payroll records into evidence to back up his alleged lost-wages claim. The defense’s chiropractic expert testified that McCool had a pre-existing, degenerative cervical condition and that Powers’ actions were not the proximate cause of McCool’s .
COURT
Superior Court of Los Angeles County, Torrance, CA

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