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

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