Case details

Defense claimed injuries not caused by minor crash

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, neck, soft tissue
FACTS
On July 10, 2015, plaintiff Rock Leonard, 54, a carpentry foreman, was driving in Redding when his pickup truck was rear-ended by a vehicle operated by Becky Rice. Leonard claimed to his neck, chest and back. Leonard sued Rice and her vehicle’s co-owner, her husband, Stephen Rice. Leonard alleged that Ms. Rice was negligent in the operation of her vehicle and that Mr. Rice was vicariously liable for his wife’s actions. Approximately one month after the accident, Ms. Rice passed away due to an unrelated incident. The case continued against Mr. Rice, individually and as the representative of his wife’s estate. Defense counsel conceded liability., Approximately one week after the incident, Leonard presented to a Redding chiropractor with complaints of pain to his lower back, mid-back and neck. Leonard treated with the chiropractor for approximately six months, until early 2016. During that time, approximately one month after the incident, Leonard presented to the emergency department at Shasta Regional Medical Center, in Redding, with complaints of a sore throat, chest pain, and occasional lethargy. He underwent a chest X-ray, which was negative, and he was tested for mononucleosis. Leonard related the emergency department care to the subject incident. He sought no other treatment until November 2018, when he began treating with a physical medicine and rehabilitation expert. Leonard then received multiple trigger-point injections over a four-month span in the months leading up to trial. Leonard testified on his own behalf, relating alleged hearsay testimony of Ms. Rice’s speed prior to impact. He claimed that Ms. Rice told him that she was traveling at 45 to 50 mph just before the impact. Leonard also offered testimony regarding the alleged damage to Ms. Rice’s vehicle just after the incident. Leonard claimed that he continues to suffer pain and that as a result, he will need future medical care consisting of prescription medication and periodic trigger point injections for the remainder of his natural life. Leonard sought recovery for his past medical care, future medical care, and past and future pain and suffering. Plaintiff’s counsel asked the jury to award Leonard $400,000 in total damages, which consisted mostly of alleged future medical care and general damages. Defense counsel disputed the cause of Leonard’s alleged . Counsel argued that causation was not established between the minor rear-end impact and the alleged by Leonard. Defense counsel also noted that Mr. Rice testified as to the absence of damage to this wife’s vehicle on the date of the incident, contradicting Leonard’s testimony. (However, no photos were taken of the Rice vehicle after the accident.) Mr. Rice also contradicted Leonard’s claim that Ms. Rice’s vehicle was towed from the scene of the crash.
COURT
Superior Court of Shasta County, Redding, CA

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