Case details
Defense argued minor collision could not have hurt plaintiffs
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
back, herniated disc, neurological, radiculopathy
FACTS
On Oct. 9, 2010, plaintiff Juan Pedroza-Gallegos was operating a 1995 Toyota Forerunner on Cypress Avenue near Maceo Street in Los Angeles, with his wife, plaintiff Maria Trejo, in the front seat and their children in the rear seat. As they were completely stopped at a red light on Cypress Avenue, their vehicle was rear-ended by a vehicle operated by Luis Torres. Pedroza-Gallegos and Trejo both claimed neck and back . Their children did not pursue any claims. Pedroza-Gallegos and Trejo sued Torres for motor vehicle negligence. Torres claimed he was stopped behind the plaintiffs’ vehicle when the light turned green, but the plaintiffs’ vehicle did not move when he expected it to and a minor collision occurred. Thus, he conceded liability., Pedroza-Gallegos and Trejo each claimed soft-tissue neck and back strains. As a result, they both sought treatment from a chiropractor. Pedroza-Gallegos claimed that he continues to suffer pain to his neck and back, but that he sought no future treatment. Trejo claimed she suffered a lumbar herniation at the L4-5 level with radiculopathy to the right of L5. She claimed that as a result, she will potentially need epidural injections in her future. The defense’s expert orthopedic surgeon conducted an independent medical exam and looked at the findings on the plaintiffs’ prior exams. His medical records were read in court, which concluded that the force of the collision was too minor to hurt either plaintiff. Defense counsel noted that the plaintiffs only saw their expert orthopedic surgeon for expert testimony, and not for any treatment. However, both Pedroza-Gallegos and Trejo claimed that they saw their expert orthopedic surgeon in a consultation/treating capacity.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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