Case details

Collision with underinsured driver caused multiple injuries: plaintiff





Result type

Not present

back, disc protrusion, fusion, herniated disc, lumbar, neck, shoulder, shoulder impingement
On March 13, 2019, plaintiff Jason Pearce, 32, a construction superintendent, was driving on westbound Oceanside Boulevard, in Oceanside. As he was making a left turn on a green arrow at the intersection with Crouch Street, Pearce’s company-owned truck was broadsided by a drunken driver, who had run a red light on eastbound Oceanside Boulevard while traveling at a speed of approximately 50 mph. Pearce claimed to his lower back, and right hip and shoulder. The drunken driver’s insurer tendered its policy, which provided $15,000 in coverage. Pearce then sought further recovery via the supplementary-underinsured-motorist provision of his own insurance policy, which was administered by Wesco Insurance Co. The matter proceeded to arbitration., One week after the accident, Pearce presented to an urgent care facility in Oceanside with complaints of hip, neck, and back pain. He was sent for MRIs, which showed he suffered a 4 millimeter cervical disc extrusion at the C5-6 level, a 4 to 5 millimeter lumbar disc protrusion at the L5-S1 level, and a tear of the right hip’s anterior-superior labrum. He also claimed he suffered an impingement of the right shoulder. Pearce underwent chiropractic treatment up until the time of his back surgery. He underwent a lumbar discectomy at the L5-S1 level on Nov. 6, 2020. He also received epidural injections to his cervical and lumbar spine. His hip injury was also evaluated. Pearce claimed he only missed work during his recovery from the lumbar surgery. However, he claimed he can no longer perform his hobby of rebuilding cars. He also claimed he misses out on spending time with his friends, who used to help him rebuild cars. Pearce claimed that he would need future surgery on his cervical spine. He also claimed he will require surgery to repair the right hip’s labral tear. Wesco’s counsel contended that Pearce did not have a labral tear in his hip as a result of the accident because the mechanics of the collision did not support that type of injury. Counsel also contended that Pearce did not require cervical spine surgery at all because his symptoms were not severe enough to warrant it. In addition, counsel contended that Pearce’s symptoms would improve and not worsen.
Superior Court of San Diego County, Vista, CA

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