Case details

Crash caused neck and wrist injuries, motorcyclist claimed





Result type

Not present

neck, wrist
On Oct. 18, 2009, plaintiff Joseph Hubbard, 27, a cashier, was riding his motorcycle in the carpool lane of northbound Interstate 605 in Los Angeles when he rear-ended a vehicle operated by Alan Parrish. Hubbard claimed to his neck and right wrist from the accident. Hubbard sued Parrish, alleging the defendant was negligent in the operation of his vehicle. Hubbard claimed that Parrish merged in front of him in the carpool lane as traffic began to slow and that the sudden/unexpected maneuver caused the rear-end collision. Parrish admitted liability for the accident, but argued that Hubbard was comparatively negligent based on his failure to brake when he saw traffic braking suddenly in all lanes of the freeway in front of him, except for the carpool lane. Thus, Parrish claimed that Hubbard should have anticipated that the vehicles in the carpool lane would soon be braking too., Hubbard was taken from the scene of the accident by ambulance and brought to an emergency room. He claimed radicular pain extending from his neck down through his spine into his left shoulder. He subsequently treated his condition with cervical epidural steroid injections and physical therapy. He also claimed traumatic arthritis of the second and third metacarpophalangeal joints of his right wrist, for which he initially sought conservative treatment. However, Hubbard ultimately underwent surgery to fuse the second and third metacarpals on June 6, 2013. Hubbard claimed he continues to have residual neck pain with prolonged sitting or standing, but that the condition improves with rest. He alleged that as a result, he has been recommended epidural injections and ongoing physical therapy on an as-needed basis. Hubbard also claimed he may require future wrist surgery, depending on the rehabilitation and result of his first surgery. Thus, Hubbard sought recovery of $1,110,974 in total damages, including $111,854.50 in past medical costs, and an unspecified amount of damages for his future medical costs and past and future pain and suffering. Defense counsel disputed the nature and extent of Hubbard’s , arguing that Hubbard only suffered a neck sprain/strain. Counsel further argued that Hubbard’s alleged traumatic arthritis was unrelated to the accident and due to manual labor that Hubbard performed over a three-year period between the date of the accident and surgery.
Superior Court of Los Angeles County, Long Beach, CA

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