Case details

Crash caused aggravation of lower back condition: plaintiff




Mediated Settlement

Result type

Not present

annular tear, back, bulging disc, lower back, lumbar, neck
On the afternoon of Feb. 14, 2010, plaintiff Lynn Greenberg, 62, an unemployed retail clerk, was driving west on Ventura Boulevard in Encino, toward the intersection with Hayvenhurst Avenue, when she was broadsided by a vehicle operated by Scott Kroopnick, who was making a right turn from a parking lot onto westbound Ventura Boulevard. Greenberg claimed to her lower back. Greenberg sued Scott Kroopnick and the owner of the vehicle, Stephen Kroopnick, the driver’s father. Greenberg alleged that Scott Kroopnick was negligent in the operation of his vehicle and that Stephen Kroopnick was vicariously liable for his son’s actions. Greenberg contended that Scott Kroopnick failed to yield to oncoming traffic on westbound Ventura Boulevard, causing the collision between the front of the Kroopnick vehicle and the front fender/passenger side front door of his vehicle. Scott Kroopnicks did not dispute liability for the accident, but claimed the collision was minor in that Greenberg’s vehicle merely brushed the front driver’s side of his vehicle., Greenberg was taken by ambulance to an emergency room. She claimed the accident exacerbated a pre-existing lower back condition, which consisted of an annular tear at L3-4 and a central bulging disc at L4-5. Greenberg, who had a lumbar fusion seven months prior and received nerve blocks four days before the accident, claimed she required extensive treatment following the subject collision, consisting of more nerve blocks, chiropractic care and physical therapy. She subsequently went on to treat for an additional 1.5 years. Greenberg claimed she still experiences pain and discomfort in her lower back, which has restricted her general household chores. She also claimed her condition affects her ability to get dressed and other aspects of daily living. Thus, Greenberg sought recovery of $57,421.85 in past medical costs. She also sought recovery of damages for her past and future pain and suffering. Defense counsel argued that Greenberg’s injury complaints and subsequent treatment were related to her pre-existing, degenerative lower back condition. Counsel contended that Greenberg had been actively treating for lower back symptoms only days before the accident and that Greenberg’s condition was not worsened by the subject accident. Defense counsel further contended that there was a gap in Greenberg’s treatment from early 2011 through 2013.
Superior Court of Los Angeles County, Los Angeles, CA

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