Case details

Chiropractic treatments were excessive, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, dental, loss shoulder, lower back, neck, tooth
FACTS
At around 6 a.m. on Jan. 30, 2014, plaintiff Jerome Courshon, 56, a film producer and community activist, was at a construction site in the Silver Lake district of Los Angeles to videotape construction workers. Courshon was a vocal opponent of the Latitudes of Silver Lake construction project and believed that T-9 Enterprises Inc., which was doing construction on the project, and others were violating Los Angeles Municipal Codes by working at that hour. As Courshon was filming the construction workers, a truck operated by T-9 Enterprises’ owner, Michael Williams, who allegedly did not see Courshon, pulled out of a parking space and almost struck Courshon, who was standing in front of the space. Courshon then slapped the side of the truck twice, causing Williams to get out of his truck. The two ultimately got into a wrestling match, during which both fell to the ground. The police eventually came to scene, but neither was arrested or cited, as the police determined it was mutual combat. However, Courshon claimed that he suffered to his right shoulder, neck, and lower back. Courshon sued Williams and T-9 Enterprises. Courshon alleged that Williams’ actions constituted assault, battery, intentional infliction of emotional distress. He also alleged that T-9 Enterprises was negligent in the hiring, training and supervision of Williams. In March 2017, the parties agreed to a $75,000 settlement through the guidance of a mediator. However, Courshon later decided to not accept the settlement, and the matter proceeded to trial. Defense counsel contended that Courshon, as heard in his cellphone videos, would swear and yell at the construction workers in an attempt to provoke them as part of his disagreement with the construction in the area. Counsel also contended that Courshon would harass the construction workers at the site and then only film the construction workers’ reactions, but not his own swearing or yelling. Counsel used videos recorded by Courshon and others to show that Courshon was harassing the workers. Defense counsel further contended that at the time of the incident, Courshon was videotaping the workers and declaring that T-9 Enterprises was violating municipal codes. However, defense counsel argued that the municipal codes allowed construction workers to stage their trucks at that time, as they were doing at the time of the subject incident, and that Courshon slapped Williams’ truck to provoke an altercation. Thus, defense counsel argued that Courshon was at fault for starting the incident., Courshon alleged that he sustained a superior labral from anterior to posterior (SLAP) tear of the right shoulder. He also complained of lower back pain, neck pain, right buttocks pain, a right inguinal hernia, abrasions, and a loss of a tooth. Courshon subsequently presented to an emergency room on Jan. 31, 2014, but was released within a few hours. He also claimed he suffered emotional distress from the incident, but, at trial, he only put forward his case as to the alleged to his right shoulder, neck and back. Courshon ultimately underwent 210 overall treatments with one chiropractor and 71 chiropractic treatments with another chiropractor. He also treated with acupuncture, massage, and herbal medicine. The plaintiff’s treating orthopedic surgeon saw Courshon on three occasions and testified that based on the MRI of Courshon’s right shoulder, the SLAP tear was from the subject accident. He also opined that Courshon’s neck and back pain were caused by the history given by Courshon. One of Courshon’s treating chiropractors, a synergistic chiropractic expert, first saw Courshon in 2010 for his “other case.” At that time, Courshon complained of pain to his neck and lower back. The expert opined that Courshon’s maintenance period would have been from 2012 to 2014. She also opined that Courshon’s bones were out of place and had a lack of blood flow, that there was a nerve compression, and that Courshon needed visceral work done on his organs. She further testified that she ended her treatment with Courshon in 2015 because Courshon tried numerous treatments, including numerous ones with crystals, which did not resolve his pain. The expert testified that as a result, she referred Courshon to another treating chiropractor. Although the plaintiff’s other treating chiropractor did not appear for her deposition with defense counsel, the record showed that she treated Courshon by changing his “chi” and “energy field.” Courshon claimed that his affected his ability to work as a movie producer, causing him to suffer a loss of earnings. He also claimed that he will eventually require surgery on his right shoulder to treat the SLAP tear. Thus, Courshon sought recovery of $78,000 in future medical costs, as well as for her alleged wage loss. She also sought recovery of $37,160 for her past emotional distress, $28,000 in past medical costs for her chiropractic bills, $150,000 for her past pain and suffering, and $60,000 for her future pain and suffering. Defense counsel contended that Courshon’s were pre-existing and that Courshon over treated. Defense counsel noted that discovery revealed that Courshon had most of his initial before the accident, as he had back, neck, and hip pain, as well as mental and emotional distress, from a car accident in 2010. Counsel also noted that discovery revealed that Courshon had chiropractic treatments since 2010, even though Courshon claimed he had no chiropractic treatment in 2010. Defense counsel noted that Courshon’s treating orthopedic surgeon admitted that he had not seen Courshon in over three years since the subject incident and that Courshon had chiropractic treatment for three years prior to the subject incident. The plaintiff’s treating chiropractor also admitted that because Courshon did not provide him with a complete history, he could not say whether the subject incident caused Courshon’s . In addition, the treater admitted that he did not see all of Courshon’s MRIs, just his medical reports, and that 20 to 30 treatments would have sufficed for treatment. Defense counsel further noted that the plaintiff’s expert synergistic chiropractor recorded Courshon’s alleged excruciating neck and back pain three years before the subject incident. The defense’s expert orthopedic surgeon viewed all of Courshon’s medical records and examined Courshon in November 2016. He opined that Courshon did not have a SLAP tear and that SLAP tears are misread 50 percent to 60 percent of the time. The expert also testified that Courshon did not complain of pain in his shoulder. The expert also testified that he initially believed that Courshon had sustained a sprain to his neck and back, but found, on exam, that Courshon had degeneration in his neck and back due to his age. The defense’s expert chiropractor further opined that Courshon was over treated by Courshon’s synergistic chiropractor and that never in his 40 years of experience has he seen 210 treatments recommended for a patient. He explained that it was his opinion that the maximum chiropractic treatments should have been 20 to 30 times and that if Courshon sustained any , they were soft tissue only. Based on the defense’s experts, defense counsel argued that, at most, Courshon should have had 24 to 28 chiropractic treatments, or 12 physical therapy sessions, and that it was reasonable to award Courshon no more than $3,000, but that based on his actions, Courshon deserved nothing.
COURT
Superior Court of Los Angeles County, Torrance, CA

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