Case details

Defense claimed plaintiff failed to yield to emergency vehicle

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, neck, right hand, right thumb, right wrist, shoulders
FACTS
On Sept. 25, 2011, plaintiff Jacquelyn Carpenter, 32, a sorter at a Goodwill store, was driving in the number one lane on westbound Soledad Canyon Road, in Santa Clarita. As she approached a collision scene near the intersection with Gladding Way, Carpenter collided with a Los Angeles County paramedic squad vehicle that was responding to the traffic collision and was operated by Los Angeles County Paramedic Tom Federico. Carpenter claimed to her neck, back, shoulders, right hand, right wrist, and right thumb. Carpenter sued Federico and the county of Los Angeles, as Federico’s employer and owner of the paramedic squad vehicle. Carpenter alleged that Federico was negligent in the operation of his vehicle and that the county was vicariously liable for Federico’s actions. Federico was ultimately dismissed on the first day of trial. Carpenter claimed that she was looking straight ahead until just before her vehicle collided with the Los Angeles County paramedic squad car and that she only looked away to check her mirrors. She also claimed that she did not see emergency flashing lights nor did she hear any sirens prior to the accident. Thus, she claimed that Federico was negligent for crossing the center median without his vehicle’s emergency lights and sirens activated. Federico claimed that he was initially traveling east on Soledad Canyon Road with his lights and sirens activated, but that as he approached the center median, he turned off his squad’s sirens and began to cross over the median at approximately 5 mph. He alleged that when he saw Carpenter’s vehicle begin slow as it approached the collision scene, he crossed the center median and entered the number one lane of westbound Soledad Canyon Road, believing she was yielding to his emergency vehicle. However, he claimed that Carpenter was actually slowing down to observe the collision scene to her right and did not see his paramedic squad vehicle with its emergency lights activated. Federico claimed that when he realized this, he tried to clear the lane to avoid a collision, but was unable to do so. A Los Angeles County deputy sheriff directing traffic testified that he observed Carpenter “rubbernecking” at the collision scene as she drove past it and that he yelled at her to stop. Thus, defense counsel argued that Carpenter was negligent for failing to watch the road ahead of her., Carpenter complained of to her cervical and lumbar spine, as well as to her shoulders, right hand, right wrist, and right thumb. However, she declined medical treatment at the collision scene and declined transportation to a nearby hospital. On Sept. 27, 2011, Carpenter presented to Henry Mayo Newhall Memorial Hospital, in Valencia, with complaints of pain to her neck radiating into her right arm and down her back, into her right foot. She was later discharged with a thumb splint and advised to follow up with an orthopedic surgeon that same week. The next day, she presented to a chiropractor for an evaluation and received chiropractic care from Sept. 28, 2011, through Feb. 15, 2012. Carpenter then presented to an orthopedic surgeon for a consultation on Oct. 3, 2011, during which she complained of pain to her right thumb, mid-back, neck and lower back. She also complained that her neck pain radiated into her upper back, between the shoulder blades, and that her lower back pain radiated into her right hip and upper thigh. The orthopedic surgeon ultimately diagnosed Carpenter with sprains and strains of her cervical spine, lumbar spine, left shoulder, and right thumb. After a two-year gap of no medical treatment, and upon the advice and referral of her attorney, Carpenter returned to her treating orthopedic surgeon and was again examined on Feb. 21, 2014. This time, Carpenter complained of continued lower back pain. As a result, the orthopedic surgeon ordered an MRI of the lumbar spine, which showed a 2-millimeter disc bulge and subtle annular tear at L4-5 on March 28, 2014. The MRI report also indicated that there was no evidence of an anatomic injury. On Aug. 1, 2014, Carpenter returned to the orthopedic surgeon for another consultation. After reviewing her March 2014 MRI, the physician concluded that Carpenter’s condition remained chronic and that Carpenter had received all the treatment that would help her. As a result, the orthopedic surgeon discharged Carpenter from his care because he believed there was not much more than can be done for her. After another five-month gap in medical treatment, Carpenter presented to her a neuroradiologist at Los Angeles Minimally Invasive Spine Institute, in Los Angeles, with complaints of headaches and pain to her neck that was radiating into both shoulders and to her left, lower back that was radiating into the buttocks. The treating neuroradiologist testified that, based upon Carpenter’s complaints and his exam, he performed a left third occipital nerve block, and medial branch blocks at the C3 and C4 levels on Jan. 28, 2015. He then performed a left third occipital nerve rhizotomy, left C3 medial branch rhizotomy, and a left C4 medial branch rhizotomy the next day. On Feb. 4, 2015, the treating neuroradiologist performed a left, interlaminar L5-S1 microdecompressive discectomy, a left L4-5 microdecompressive transforaminal discectomy, an L5-S1 thermal discoplasty, and an L4-5 thermal discoplasty. The plaintiff’s medical expert, the treating neuroradiologist, testified that Carpenter’s spinal were acute caused by the traffic collision and that there was no evidence of pre-existing or degenerative presented at trial. Carpenter claimed that the rhizotomies and lower lumbar surgeries gave her complete relief and that she had no limitations as to her daily and work life. Thus, Carpenter sought recovery of $256,250 in past medical expenses and $650 in past loss of income. She also sought recovery of damages for her past pain and suffering. The defense’s expert orthopedic surgeon opined that Carpenter suffered only soft-tissue and that Carpenter’s spinal treatment and surgery were not the result of the accident.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case