Case details

Defense argued forces in crash could not have caused injuries

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
arms, back, brain syndrome, bulging disc, cervical, disc protrusion, hands, head, headaches, lower back, lumbar, migraines, neck, neurological, post-concussion, radicular pain, radiculitis, sprain, strain
FACTS
On Jan. 29, 2014, plaintiff Elisha Alejandre, an engineer in her 30s, was driving on the westbound San Bernardino Freeway, also known as Interstate 10, in El Monte. When she was near the exit for Peck Road, her vehicle was rear-ended by a vehicle operated by Jose Torres. Alejandre claimed to her head, neck and back. Alejandre sued Torres, alleging that Torres was negligent in the operation of his vehicle. Torres did not dispute liability., Alejandre claimed that she suffered cervical and lumbar sprains and strains. She also claimed a cervical disc protrusion, resulting in pain that radiated pain into her hands. Alejandre initially drove from the scene of the crash and went to work, but she later presented to an urgent care center with complaints of neck and lower back pain. Her EMG was positive, and the MRI confirmed bilateral radiating pain into both arms. Alejandre claimed that she suffered from post-concussion syndrome, resulting in migraines. As a result, she treated with a neurologist. However, she claimed she continues to suffer migraines. Thus, Alejandre sought recovery of $7,852 in past medical costs for her chiropractic treatment and MRIs. She also sought recovery of $4,000 in lost earnings. In addition, she sought recovery of damages for her pain and suffering. Defense counsel argued that the forces of the accident were insufficient to cause any injury. Counsel also argued that Alejandre’s migraines pre-existed the collision and that Alejandre had an ongoing history of migraines. In addition, defense counsel argued that there was no evidence of an exacerbation of any of the alleged .
COURT
Superior Court of Los Angeles County, Pasadena, CA

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