Case details

Defense argued plaintiff’s knee injury was pre-existing





Result type

Not present

knee, left knee, medial meniscus, tear
On Sept. 20, 2010, plaintiff Michelle Boggio, 18, a college student, was a front seat passenger in a vehicle that was traveling on Covina Hills Road in Covina. When the vehicle was stopped at the intersection with Grand Avenue, Boggio exited the vehicle and attempted to speak with Richard Armantrout, the driver of the vehicle behind her. However, when Armantrout attempted to pull around her, Boggio claimed he struck her left knee. Boggio sued Armantrout, alleging the defendant was negligent in the operation of his vehicle. Specifically, Boggio claimed that her vehicle was rear-ended by Armantrout and that when she and her driver went to exchange information with Armantrout, he never got out of his vehicle, refused to exchange information and tried to leave the scene. She claimed that when Armantrout reversed his vehicle and then moved forward in an attempt to get around the scene, he struck her left knee. Armantrout disputed there was a rear-end accident and denied striking Boggio’s left knee., Eight days after the accident, on Sept. 28, 2010, Boggio presented to her treating physician and underwent an MRI, which revealed a medial meniscus tear of her left knee. She claimed the injury was caused by the accident. Boggio ultimately underwent two physical therapy visits with her treating physician, who also recommended surgery. Defense counsel denied Boggio suffered any new injury from the alleged accident, and noted Boggio was not treated at the scene or taken to a hospital. Counsel also contended that an MRI from a previous injury of Boggio’s left knee in 2006/2007 showed some findings of a meniscal tear. The defense’s expert orthopedist testified that there was no new injury to Boggio’s left knee and that the findings in the post-accident MRI were just a natural progression of Boggio’s pre-existing knee injury.
Superior Court of Los Angeles County, Pomona, CA

Recommended Experts


Get a FREE consultation for your case