Case details
Defendant claimed plaintiffs’ vehicle made unsafe turn
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
back, degenerative disc condition, exacerbation of, neck, stenosis
FACTS
At approximately 6 p.m. on Jan. 21, 2011, plaintiff Kelly McGill, 42, a marine service laborer, was attempting to make a left turn from westbound Midway Drive onto Fordham Street in San Diego. She was accompanied by plaintiff Matthew Harding, 49, a marine service laborer, in the front passenger seat. As they entered the intersection, the left front corner of their vehicle collided with the left front corner of a vehicle operated by Hendrick Vanbrundt, who was traveling east on Midway Drive. McGill and Harding both claimed neck and back from the crash. McGill and Harding sued Vanbrundt. They alleged the defendant was negligent in the operation of his vehicle. They claimed they proceeded into the intersection on a green left turn arrow, but Vanbrundt ran a red light and caused the crash. Vanbrundt contended that both he and the plaintiffs had a green light as they entered the intersection. However, he claimed that McGill was negligent for making an unsafe left turn and failing to yield to oncoming traffic., Three days after the accident, McGill treated with a chiropractor for soft-tissue to her neck and back. She had a MRI in December 2011, which revealed disc changes to degenerative disc disease at multiple levels. Thus, she claimed the accident exacerbated her degenerative disc disease. McGill subsequently treated with chiropractic care through March 2012. She then underwent physical therapy from April 2012 to May 2012, and received epidural injections. McGill claimed residual pain and discomfort as a result of her , which allegedly made her unable to work as a marine service laborer. Thus, she claimed $31,000 in past medical costs and sought recovery of up to $1,400 per year for further care. She also sought recovery of $5,000 in damages annually for her loss of earning capacity and unspecified damages for her past and future pain and suffering. Harding presented to UCSD Medical Center four days after the accident and was misdiagnosed with a fractured neck. He then followed up with a chiropractor and orthopedist, and was diagnosed with compression of the thecal sac, and flattening and narrowing of his spinal cord, resulting in spinal stenosis in his neck and back. Harding subsequently treated with chiropractic care through February 2012, and followed up with pain management and two series of epidural injections in the summer of 2012. He also had his neck in a hard collar for three months and had one physical therapy appointment. Harding claimed he still experiences residual neck and back pain, and will require further conservative care. Thus, he claimed $32,000 in past medical costs and sought recovery of up to $1,400 in damages annually for his conservative care. He also sought recovery of $5,000 in damages annually for his loss of earning capacity and unspecified damages for his past and future pain and suffering. Defense counsel argued that McGill and Harding merely suffered soft-tissue , and that MRIs and epidural injections were unnecessary. Specifically, counsel contended that McGill had no signs of changes and that her radicular symptoms were not consistent with the levels of degenerative change. Thus, defense counsel argued that McGill’s soft-tissue were superimposed on her prior conditions, and that $3,000 each was reasonable medical costs for the plaintiffs.
COURT
Superior Court of San Diego County, San Diego, CA
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