Case details

Defendant’s sudden lane change caused crash: plaintiff





Result type

Not present

bulging disc, cervical, cervical disc displacement, neck
On Oct. 8, 2010, plaintiff Ashley Kelly, 22, a certified nursing assistant, was driving on the Capital City Freeway, near the E Street off-ramp in Sacramento, when the left fender and hood of her vehicle struck the right quarter panel and bumper of a vehicle operated by Robert Lynch. Lynch was on Capital City Freeway intending to exit at E Street, but missed the exit and brought his vehicle to a stop in the gore point. Although he saw Kelly approaching, Lynch he attempted to making a lane change from the gore point into the exit lane directly in front of Kelly’s vehicle. As a result, a collision occurred. Kelly’s vehicle was deemed a total loss and she claimed a neck injury from the accident. Kelly sued Lynch, alleging the Lynch was negligent in the operation of his vehicle. Kelly claimed that Lynch made a sudden lane change from the gore point into the exit lane, directly into her lane of travel. Thus, she claimed that Lynch was negligent for the unsafe lane change. Lynch claimed that Kelly was a contributing cause of the collision., Kelly was not treated at the scene, but sought emergency treatment on the date of loss. Approximately three weeks later, she sought treatment with a chiropractor and her primary care physician. An MRI was obtained demonstrating a cervical disc protrusion at C6-7, effacing the thecal sac. Kelly then came under the care of her expert orthopedic surgeon, who referred her for epidural injections. The plaintiff’s expert also stated that if the injections failed, Kelly may be a candidate for cervical disc fusion or replacement. Kelly underwent a one epidural injection, which she claimed increased her pain. Thus, approximately one year after the accident, Kelly underwent a cervical disc replacement at C6-7. Kelly was an on-call certified nursing assistant at the time of the accident and was on her way to work when the accident occurred. Since then, she has been unable to return to work. Thus, she claimed $99,423.48 in past medical costs and $44,048 in past lost wages. Defense counsel contended that the impact was not sufficient to cause Kelly’s alleged injury.
Superior Court of Sacramento County, Sacramento, CA

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