Case details

Defense claimed plaintiff’s turning vehicle failed to yield

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
anterolisthesis, back, cervical disc injury, lower back, neck, nerve impingement, neurological, spondylolisthesis, stenosis
FACTS
On June 30, 2011, plaintiff Sidney Logan Jr., a 64-year-old retired man, was traveling on southbound Corning Avenue in Los Angeles when he attempted to make a left turn onto eastbound Slauson Avenue and collided with a van operated by Myles Duvernay, who was intending to travel straight through the intersection on northbound Corning Avenue. As a result, the driver’s side front of Logan’s vehicle impacted the driver’s side front of Duvernay’s vehicle. Logan claimed to his neck and back. Logan sued Myles Duvernay and the van’s owner, Marc Duvernay. Logan alleged that Myles Duvernay was negligent in the operation of the van and that Marc Duvernay was vicariously liable for Myles Duvernay’s actions. Logan claimed that he began his left turn on a yellow light, but that Myles Duvernay ran a red light and caused the collision. Myles Duvernay claimed that he had a green light at the intersection when Logan’s vehicle collided with him. Defense counsel contended that though Logan initially told the investigating officer that he began his left turn on a yellow light, Logan later tried to have the police report amended to state that he entered the intersection on a green light and then waited until the light changed to yellow and then red before initiating his turn, and that Myles Duvernay had run a red light, causing the accident. The investigating officer denied Logan’s request and testified at trial that if Logan had initially stated that he waited for the light to turn red and/or that Myles ran a red light, it would have absolutely been included in his report. Defense counsel also contended that Logan admitted that he never saw Myles Duvernay’s vehicle — a red van — prior to initiating his left turn into Myles Duvernay’s path. In addition, counsel contended that Myles Duvernay told the investigating officer that he entered the intersection on a green light, and testified to the same thing at his deposition and trial. Thus, defense counsel argued that Myles Duvernay had a green light; that Logan’s original statement of his light being yellow was more credible than his subsequent one; that a left turning vehicle must yield; and that Logan never even saw Myles Duvernay’s van, which Logan admitted he did not, making Logan entirely at fault for the accident., Logan claimed he sustained soft-tissue of his cervical and lumbar spine with nerve root compression, causing numbness and tingling in his hands and legs. He also claimed the accident permanently aggravated his underlying degenerative osteoarthritis, which included bilateral neuroforaminal stenosis at L5-S1, bilateral lateral recess stenosis at L4-5, grade 1 anterolisthesis at L4-5, general disc desiccation and disc narrowing, and spinal spondylolisthesis. He alleged that he was previously asymptomatic for these conditions, but the collision aggravated them. Logan claimed that although he noticed pain at the scene, he did not initially treat it. Subsequently, he first sought chiropractic and orthopedic care and treatment from July 5, 2011, until February 2012. The plaintiff’s treating expert orthopedist testified that he discussed epidural injections with Logan and possible future surgical intervention, but that Logan declined epidurals, prescription anti-inflammatories, and surgery. The expert further testified that as a result, Logan was released from orthopedic care, advised to continue exercises and over-the-counter medications, and to return as needed. Logan alleged the treatment improved his condition, but he still has permanent complaints of range of motion problems, ongoing lower back pain radiating into the lower extremities, and trouble lifting and walking. The plaintiff’s treating orthopedic expert testified that he was able to determine that Logan was now a candidate for a lumbar decompression surgery, although he admitted that he had not treated Logan in over a year. Thus, Logan sought recovery of $336,000 to $400,000 in total damages, including $11,300 in past medical costs and $100,000 in future medical costs for the lumbar decompression surgery. Defense counsel argued that treatment resolved Logan’s complaints to very mild levels and that any ongoing complaints of pain at the time of trial were the natural progression of his degenerative condition. Counsel also argued that Logan’s failure to receive any additional treatment, including the epidural injections, surgery or medications, indicated that Logan’s ongoing complaints were nowhere near as significant as he claimed it was at trial. In addition, defense counsel contended that Logan’s trial testimony regarding the effect of his on his daily activities was inconsistent with his deposition testimony. Specifically, counsel noted that Logan listed a handful of affected activities at his deposition, but at trial, Logan claimed that he was unable to do virtually anything because of his residual complaints.
COURT
Superior Court of Los Angeles County, Torrance, CA

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