Case details

Crash caused ongoing pain to back, shoulder and elbow: plaintiff





Result type

Not present

back, left elbow, left shoulder
On the morning of May 18, 2010, plaintiff Raul Palacios, 51, a driver/delivery person for Radiant Corp, was driving his employer’s 2003 Chevrolet van west on 98th Street, in Los Angeles, when he entered the intersection with Airport Boulevard and was struck by a rented 2009 Dodge Charger operated by Rohan Panikar, who was traveling south on Airport Boulevard. Palacios claimed to his lower back, left shoulder and left elbow. Palacios sued Panikar and the owner of the Dodge Charger, Enterprise Rent-A-Car Company of Los Angeles, LLC. Palacios alleged that Panikar was negligent in the operation of the Dodge Charger and that Enterprise was vicariously liable for Panikar’s actions. Enterprise was ultimately dismissed prior to trial. Palacios claimed Panikar collided into the front part of his van after running a red light on Airport Boulevard. Panikar admitted that he ran the red light, but claimed that he stopped prior to the collision and that it was Palacios’ van that collided into his vehicle., Palacios claimed he sustained to his lower back, left shoulder and left elbow, which included pain and numbness radiating down his legs and left arm. He subsequently received treatment through his employer’s workers’ compensation carrier, as well as treatment from other doctors. Palacios initially treated conservatively, but ultimately underwent arthroscopic surgery on the left shoulder. The plaintiff’s treating orthopedic surgeon, an agreed medical examiner, testified that the collision was the cause of Palacios’ and pain. Palacios claimed that despite treatment and surgery, he continues to have disabling pain in his lower back, left shoulder and left elbow, with radiating pain to his extremities. Thus, he sought recovery of $225,773 in past economic damages, $212,677 in future economic damages, and $500,000 in pain-and-suffering damages. The defense’s expert orthopedic surgeon opined that Palacios’ injury was due to pre-existing, but non-symptomatic, degenerative arthritis. Thus, the defense expert opined that Palacios should have healed within three months of the accident and that no future care is necessary.
Superior Court of Los Angeles County, Long Beach, CA

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