Case details
Defense claimed crash did not cause plaintiff’s spinal injuries
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
arms, back, cervical disc injury, chest, degenerative disc condition, exacerbation, facet joint, neck, radiating pain, shoulders, stenosis
FACTS
On March 8, 2012, plaintiff Timothy Du Bato, 65, a security specialist, was driving on Mendocino Avenue, in Santa Rosa. After coming to a stop for a red light, Du Bato was rear-ended by a vehicle operated by Samuel Kruk. Du Bato alleged that the impact caused a series of to his neck. Du Bato sued the driver, Samuel Kruk, and the vehicle’s owner, Hermann Kruk. Du Bato alleged that Samuel Kruk was negligent in the operation of his vehicle and that Hermann Kruk was liable as the vehicle’s legal owner. The Kruks ultimately conceded liability., In April 2012, approximately one month after the accident, Du Bato sought treatment for neck pain radiating into his shoulders, chest and arms. He was ultimately diagnosed with spinal stenosis; aggravated disc degeneration at the C3-4, C5-6 and C6-7 levels, and facet joint . Du Bato declined the recommended epidural injections and surgery, and opted to treat his condition conservatively. Du Bato claimed that as a result of his , he suffers worsening symptoms that cause him to experience issues with his balance and manual dexterity. The plaintiff’s accident reconstruction expert testified that the force of the rear-end collision was 20 G’s to Du Bato’s neck and head, and the plaintiff’s biomechanical engineering expert opined that the mechanism of the accident caused Du Bato’s . In addition, the plaintiff’s pain management expert testified that Du Bato requires ongoing treatment and an epidural injection. Thus, Du Bato sought recovery of a maximum of $100,000 in damages. Defense counsel noted that Du Bato did not seek immediate medical treatment after the crash. Thus, counsel argued that Du Bato’s alleged were unrelated to the subject accident. The defense’s expert neurologist testified that Du Bato did not suffer any from the collision. He opined that if Du Bato had sustained any injury, reasonable medical charges would have been approximately $2,000 for the hospital visit, an MRI, and physical therapy fees. In addition, defense counsel noted that on cross-examination, the plaintiff’s pain management expert admitted that any recommendation for surgery was speculative.
COURT
Superior Court of Sonoma County, Sonoma, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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