Case details
Defense claimed neck injury not caused by accident
SUMMARY
$46800
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
cervical, herniated disc, neck
FACTS
On Jan. 23, 2015, plaintiff Ybeth Pacheco, 46, a nurse assistant, was driving on southbound U.S. Route 101, also known as Ventura Highway, in Oxnard. When she was near the exit for Rose Avenue, the left side of her vehicle was struck by a vehicle operated by Evert Maki. Pacheco claimed to her neck. Pacheco sued Maki, alleging that Maki was negligent in the operation of his vehicle. Maki did not dispute liability., Pacheco sustained a herniated cervical disc. She was not taken to a hospital after the accident, but eventually began orthopedic treatment and physical therapy. She also received nerve blocks and underwent a rhizotomy, a surgical procedure to sever nerve roots in the spinal cord. Pacheco claimed that her neck pain continued and that as a result, a cervical decompression was recommended. Pacheco sought recovery of $150,000 in future medical costs. She also sought recovery for her past medical costs, and past and future pain and suffering. Plaintiff’s counsel asked the jury to award Pacheco $600,000 in total damages. Defense counsel disputed the nature and extent of Pacheco’s alleged , as well as disputed the reasonable costs of Pacheco’s medical bills.
COURT
Superior Court of Ventura County, Ventura, CA
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