Case details

Correctional officer: Hip pain due to motor vehicle accident

SUMMARY

$51364

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
left hip, lower back, neck
FACTS
At around 9:20 a.m. on April 26, 2012, plaintiff Talia Carrington, 39, a correctional officer, was operating her 2004 Honda Accord in stop-and-go traffic on westbound Interstate 80, in Berkeley, when her vehicle was rear-ended by a 2000 Honda Accord operated by Michael Devera. Carrington claimed to her neck, lower back, and left hip. Carrington sued Michael Devera and the believed owner of Michael Devera’s vehicle, Jose Devera. However, Jose Devera was ultimately dismissed from the case prior to trial. Carrington alleged that Michael Devera was negligent in the operation of his vehicle. Defense counsel did not contest liability., Carrington claimed that she sustained to her neck, lower back, and left hip. She drove home from the scene of the accident and then sought treatment at Kaiser Permanente Urgent Care, in Alameda, later that day. She then followed up with her primary care physician and was referred for physical therapy. Carrington alleged that her neck and lower back pain had mostly resolved a couple of months after the accident. However, she claimed she continued to have left hip pain, and developed numbness and tingling down her left leg. Carrington was subsequent referred to a neurologist at Kaiser and was then referred to an orthopedic specialist. She was ultimately diagnosed with a possible labral injury in her left hip and an MRI revealed a torn labrum. As a result, Carrington was again referred for physical therapy. She was then referred to an orthopedic surgeon, who recommended arthroscopic hip surgery. Carrington subsequently underwent the surgery on May 30, 2013. Despite undergoing surgery on her hip, Carrington claimed that she still has pain in her left hip. Thus, Carrington sought recovery of $34,317 in medical costs and $41,659.21 in lost wages due to the missed time from work as a correctional officer at San Quentin Prison. Defense counsel argued that Carrington had pre-existing hip issues, specifically congenital hip dysplasia. Counsel also argued that Carrington’s hip injury was caused by her wearing a 20-pound utility belt at work for six to seven years prior to the subject accident.
COURT
Superior Court of Alameda County, Alameda, CA

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