Case details
Car crash caused neck and back injuries, plaintiff claimed
SUMMARY
$37507.85
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, cervical disc injury, lower back, neck
FACTS
On May 23, 2011, plaintiff Crystal Ettleman, 28, a mother of two, was making a left turn from the number two turning lane on northbound El Camino Real, onto Aviara Parkway in Carlsbad, when she involved in a violent collision with a vehicle operated by Fletcher Holst, who entered the intersection from southbound El Camino Real. Ettleman claimed to her neck and back. Ettleman sued Holst, alleging that Holst was negligent in the operation of his vehicle. Ettleman claimed she was stopped in a turning lane on northbound El Camino Real, waiting to proceed left onto Aviara Parkway, before entering the intersection. However, she claimed that both her and Holst proceeded into the intersection at the same time. The plaintiff’s biomechanical expert testified that Ettleman had stopped at the intersection and that based off of the signal light timing, Ettleman would have had a lawful green arrow to proceed with her turn. Thus, plaintiff’s counsel argued that Holst caused the crash. Defense counsel argued that Holst had a green light and lawfully entered the intersection. Thus, counsel argued that the only way the crash could have occurred was if Ettleman had run a red light., Ettleman claimed neck and lower back . Neither driver went to an emergency room from the scene of the accident. However, Ettleman was ultimately diagnosed with soft-tissue disc at C5-6, C6-7 and L5-S1. She subsequently underwent chiropractic treatment and pain management to her cervical and lumbar spine, as well as received a facet injection to the cervical spine. The plaintiff’s neurosurgery expert testified that Ettleman was injured in the crash and that all of Ettleman’s past medical treatment was reasonably necessary and causally related to the accident. The expert also opined that Ettleman would require pain management therapies, including additional injection therapy. Thus, Ettleman sought recovery of past and future medical costs, and recovery of damages for her past and future pain and suffering. The defense’s expert orthopedic surgeon conceded that Ettleman had sustained soft-tissue in the accident, but opined that Ettleman should have recovered within three to four months of the incident. The expert also opined that Ettleman would not require any future treatment.
COURT
Superior Court of San Diego County, Vista, 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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