Case details
Defense claimed impact insufficient to cause injuries
SUMMARY
$70000
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
back, cervical, herniated disc, lumbar, neck, shoulder, shoulder impingement, sprain, strain, thoracic
FACTS
Plaintiff Lisa Guilin, an insurance claims adjuster, was stopped at a stop sign at an intersection when her vehicle was rear-ended by a vehicle operated by Robert Laycock, who was traveling approximately 10 mph at the time of impact. Guilin claimed to her back, neck and right shoulder. Guilin sued Laycock, alleging that the defendant was negligent in the operation of his vehicle. Laycock admitted to being tired on the morning of the accident and that he was not paying attention to Guilin’s vehicle, which was directly in front of him. He claimed that, instead, he was watching another vehicle coming down the intersecting roadway. Thus, Laycock conceded liability., Guilin sustained biceps tendinitis of her right shoulder, resulting in right shoulder impingement syndrome. She also sustained cervical and lumbar herniations at the C5-6 and L4-5 levels, as well as strains and sprains to all levels. The plaintiff’s expert orthopedic surgeon testified at deposition that Guilin’s right shoulder injury was, to a reasonable degree of medical certainty, causally related to the subject accident based upon the position of her arm at the time of impact. Guilin also claimed that she was unable to return to her profession due to pain, which had continued since the accident. Defense counsel contended that the force of the minor impact was insufficient to cause Guilin’s alleged . Following his medical examination of the plaintiff, the defense’s expert orthopedic surgeon opined that Guilin’s right shoulder injury was not related to the subject accident and that she merely sustained a cervicotrapezius sprain. The expert further opined that Guilin did not suffer any occupational disability and that her reasonable medical bills should have only been $4,000.
COURT
Superior Court of San Diego County, San Diego, CA
Similar Cases
Negligent tire repair caused serious rollover crash: family
AMOUNT:
$375,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Steep, winding road caused multiple truck crashes: plaintiffs
AMOUNT:
$32,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Dangerous highway caused fatal multiple vehicle crash: suit
AMOUNT:
$18,681,052
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Applicant claimed future care needed after fall from roof
AMOUNT:
$3,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Roofer claimed he needs future care after fall from roof
AMOUNT:
$6,000,000
CASE RESULT:
Plaintiff won
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
- Show More
- Show Less
CATEGORY:
Personal Injury
Plaintiff: Improperly trained delivery personnel caused injuries
AMOUNT:
$4,875,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury