Case details

Defense claimed passenger was not injured in rear-ender





Result type

Not present

bulging disc, cervical, depression, derangement, head, headaches, knee, lateral meniscus, medial meniscus, mental, neck, neurological, psychological, radicular pain, radiculitis, shoulder, shoulder impingement, tear
On Nov. 23, 2016, plaintiff Kayla Proctor, 28, an administrative worker, was a front-seat passenger in a car driven by plaintiff Ronald Arthur. As they were stopped on northbound Walker Street, at the intersection with Lincoln Avenue, in Cypress, their vehicle was rear-ended by a sport utility vehicle operated by Janet Serrano-Cordova. Proctor claimed she sustained to her left shoulder, left knee, and neck. Arthur claimed he sustained headaches, neck pain, bilateral swelling in his legs, and left thigh numbness. Proctor and Arthur sued Serrano-Cordova, alleging that Serrano-Cordova was negligent in the operation of her vehicle. Arthur settled out of the case. Proctor’s counsel contended that Serrano-Cordova was negligent for failing to stop in time and rear-ending Proctor’s vehicle at a high rate of speed. Serrano-Cordova admitted liability., Proctor was sitting with her left arm extended across the rear of the driver’s seat, looking backward at Serrano-Cordova’s vehicle, at the time of impact. She claimed that, as a result, her left arm was hyperextended in the accident, causing her to sustain a torn rotator cuff. She also claimed that she suffered pain to her neck and left knee after the crash. Proctor was taken to a hospital in Lake Arrowhead, where she was treated and released. On Jan. 4, 2017, an MRI showed that she sustained a torn supraspinatus tendon with tendinosis, and internal derangement and impingement of her left shoulder. Proctor also claimed that she sustained bulging discs at the C4-5 and C5-6 levels, and tears of her left knee’s lateral and medial menisci, causing numbness and tingling in her leg. For treatment, Proctor underwent chiropractic care before being administered cortisone injections. She eventually underwent arthroscopic surgery, subacromial decompression, a synovectomy, and a Mumford procedure on her left shoulder on Sept. 12 2017. She also underwent a rotator cuff repair and debridement. For her left knee, Proctor underwent a meniscectomy. In addition, she received cervical epidural injections, acupuncture and bilateral facet injections at C4-5 and C5-6 to treat her neck pain. Proctor claimed that the hyperextension of her left arm caused the need for shoulder surgery. She also claimed that despite treatment, she suffers from decreased range of motion in her left knee. She alleged that as a result, she will require a future surgery on her left knee. In addition, Proctor claimed that the accident aggravated her depression and anxiety, for which she was taking Lexapro to deal with the loss of her mother. The plaintiff’s treating orthopedic surgeon opined that Proctor was totally disabled. Proctor alleged that as a result of her condition, she can no longer work. Proctor sought recovery of $68,707.04 in past medical costs and $67,458 in future medical costs. She also sought recovery for her lost earnings, and past and future pain and suffering. The defense’s accident reconstruction expert opined that there was no mechanism to cause Proctor’s injury. The defense’s orthopedic surgery experts opined that Proctor did not sustain from the subject accident. The defense’s radiology expert opined that Proctor had no traumatic changes from the subject accident.
Superior Court of Orange County, Orange, CA

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