Case details

Bicyclist struck by turning vehicle claimed mid-back injuries




Mediated Settlement

Result type

Not present

chronic pain, fracture, mid-back, thoracic disc bulge, thoracic spine
At around 2:45 p.m. on March 2, 2013, plaintiff Jules Jomsky, 47, a self-employed man, was riding his bicycle in the bike lane along westbound Triunfo Canyon Road, in Westlake Village. As Jomsky entered the intersection with Three Springs Drive, he was struck by a vehicle operated by Madeline Block, who was attempting a right turn from westbound Triunfo Canyon Road onto northbound Three Springs Drive. Jomsky fell to the ground and sustained to his back. Jomsky sued Block, alleging that Block was negligent in the operation of his motor vehicle. Block denied negligence and claimed that Jomsky was in her blind spot., Jomsky was treated at the scene and then transported by ambulance to Los Robles Hospital & Medical Center, in Thousand Oaks, where he was diagnosed with compression fractures of the thoracic spine, specifically of the T1, T2, T3, T4 and T5 vertebrae. He also sustained a thoracic disc bulge at the T4-5 level. Jomsky subsequently underwent a series of epidural injections from the date of the accident through February 2015. He also underwent a kyphoplasty at T5. However, he claimed the procedures only relieved symptoms on a short-term basis. Jomsky claimed that he still has chronic pain in his mid-back. He alleged that prior to the collision, he was a competitive triathlete, but that after the crash, he was unable to return to that level of activity. He also claimed that a multi-level fusion of the thoracic spine was recommended, but that he has not undergone the surgery yet. Thus, Jomsky sought recovery of $29,387.07 in past medical expenses and between $75,000 and $233,700 in estimated future medical expenses. He also sought recovery of damages for his past and future pain and suffering.
Superior Court of Los Angeles County, Los Angeles, CA

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