Case details
Collision caused constant back and neck pain, plaintiff claimed
SUMMARY
$594854.33
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, lower back, neck
FACTS
On Nov. 5, 2011, plaintiff Angela Davis, 36, a physical trainer and spin instructor, was operating her Jaguar in downtown Los Angeles when her vehicle was broadsided by a Nissan operated by Lurene Gumina at the intersection of South Grand Avenue and 7th Street. Both vehicles were totaled. Davis sustained to her neck and back. Davis sued the driver, Lurene Gumina, and the co-owner of Ms. Gumina’s vehicle, Laurence Gumina. Davis alleged that Ms. Gumina was negligent in the operation of her vehicle and that Mr. Gumina was vicariously liable for Ms. Gumina’s actions. Plaintiff’s counsel noted that Ms. Gumina admitted to police at the scene that she ran a red light on South Grand Avenue, causing the collision. Ms. Gumina lives out of state and did not appear at trial. Thus, the defendants conceded liability at the end of the case., After the accident, Davis was taken by her husband to St. Vincent Medical Center in Los Angeles with complaints of to her neck, mid-back and lower back. She claimed she suffered constant and severe pain since the accident and underwent three epidural injections without significant relief. Davis did not miss any time from her employment as a spin instructor, but she claimed her restricted her from taking on clients in her capacity as a personal trainer. She also claimed her prevented her from playing sports, playing with her two boys, and performing any other even mildly strenuous physical activities. The plaintiff’s treating orthopedist opined that Davis will require a three-level lumbar fusion when Davis reaches the age of 60. The orthopedist testified that the cost of the lumbar fusion would be between $100,000 and $200,000, but that he would not operate now since it would limit Davis’ range of motion and might affect her vertebrae above and below the fusion in the next 20 years. The plaintiff’s pain management expert opined that Davis was a candidate for a rhizotomy, which would have to be done annually over the next 10 years. Thus, Davis sought recovery of $30,240 in past medical costs, $12,000 in past loss of earnings and $220,000 in future loss of earnings. Davis’ counsel asked the jury to award Davis $350,000 in damages for her pain and suffering, but did not state a specific amount for Davis’ future medical costs. Instead, counsel reiterated what the plaintiff’s medical experts testified to in regard to Davis’ future medical costs. Defense counsel argued that Davis really wasn’t as seriously injured as she alleged since Davis gave a demonstration of SoulCycling on two television shows. Thus, defense counsel suggested that in addition to past medical costs, the jury should only award between $50,000 and $70,000 in damages and contended that Davis should not be awarded for any alleged future damages.
COURT
Superior Court of Los Angeles County, Santa Monica, 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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