Case details

Crash would have only caused soft tissue injuries, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
anxiety, back, cervical, chondromalacia, chondromalacipatella, depression, emotional distress, fusion, head, headaches, herniated disc, knee, lumbar, mental, neck, neurological, psychological, radiculopathy, sprain, strain, thoracic
FACTS
On Aug. 7, 2013, plaintiff Thomas Park, 42, an accountant/office administrator, was driving with his wife, plaintiff Joanna Park, 47, a paralegal/legal assistant, as a front-seat passenger. As they were traveling on eastbound Olympic Boulevard, in Beverly Hills, their vehicle was rear-ended by a vehicle operated by Jack Rabinowitz. Mr. Park claimed to his neck and right knee. Ms. Park claimed to her neck and right shoulder. The Parks sued Rabinowitz, alleging that Rabinowitz was negligent in the operation of his vehicle. Rabinowitz conceded liability for the accident., At the scene of the accident, Mr. Park complained of immediate pain to his right knee, which was recorded by the investigating officer. He also complained of a headache, dizziness and nausea. Mr. Park claimed he sustained herniated cervical discs at the C5-6 and C6-7 levels with radiculopathy, sprains and strains to the thoracic and lumbar levels, sprains and strains to both shoulders, and a supraspinatus tear to one of the shoulders. He also claimed he sustained an aggravation of pre-existing patellofemoral chondromalacia, causing his right knee condition to become symptomatic. Mr. Park underwent multiple MRIs, orthopedic evaluations and nerve conduction studies. He received two epidural injections, and underwent acupuncture treatment, physical therapy and chiropractic care. He ultimately underwent a two-level cervical fusion surgery at a cost of $160,000 and arthroscopic surgery on the right knee was recommended for $23,000. The plaintiffs’ neurosurgery expert opined that Mr. Park required the neck surgery. Mr. Park sought recovery of $901,050 in total damages, including $81,630 in past medical costs, $160,000 in future medical costs, $176,420 in non-economic damages for his past pain and suffering, and $483,000 in non-economic damages for his future pain and suffering. Ms. Park claimed she sustained sprains and strains to the cervical, thoracic and lumbar levels of her spine. She also claimed that because she was struck on her right shoulder, she sustained a sprain and strain to her right shoulder. She also claimed that suffered from headaches, dizziness and nausea. In addition, she claimed she suffers from emotional distress, including post-traumatic stress disorder, anxiety and depression. Ms. Park underwent multiple MRIs, orthopedic evaluations and nerve conduction studies. She received one epidural injection and one facet block injection. She also underwent physical therapy, chiropractic care, acupuncture and psychotherapy. Ms. Park claimed that five facet block injections and three rhizotomies were recommended to treat her cervical facet syndrome. The estimated cost for her future treatment totaled approximately $105,000. In addition, she received a recommendation for arthroscopic surgery to treat her right shoulder impingement. The estimated cost of the shoulder surgery totaled $28,000. In addition, Ms. Park claimed the cost for her future psychological counseling totaled $42,000. The plaintiffs’ biomechanics expert opined that the force involved in the accident was sufficient to cause to the neck, back, shoulder and knees both Mr. and Ms. Park. The plaintiffs’ orthopedic surgery expert opined that Ms. Park required the future shoulder surgery. The plaintiffs’ neuropsychology expert opined that Ms. Park required more treatment and that the significantly depressive and anxiety-producing event caused Ms. Park to require therapy. Ms. Park sought recovery of $645,697 in total damages, including $70,647 in past medical costs, $159,250 in future medical costs, $120,960 in non-economic damages for her past pain and suffering, and $294,840 in non-economic damages for her future pain and suffering. Defense counsel argued that the rear-end collision involved a minor impact that would have only caused a limited amount of reasonable soft tissue to both plaintiffs and that the plaintiffs’ would have only required limited medical treatment. The defense’s biomechanics expert opined that, based on crash study data, the mechanism of the injury was sufficient for only soft tissue . The defense’s orthopedic surgery expert opined that the Parks only sustained soft tissue sprains and strains to the neck and back and that reasonable treatment was limited to a course of physical therapy.
COURT
Superior Court of Los Angeles County, Van Nuys, CA

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