Case details

Defense claimed rear-end accident did not cause hip pain





Result type

Not present

back, neck, ribs, right hip
On Feb. 12, 2011, plaintiff Keith Truxel, 37, a supervising electrician, was riding his motorcycle on Webster Street, in Oakland, with a passenger on the back of his bike, when Truxel’s motorcycle was rear-ended by a vehicle operated by Claudia Mansbach. Truxel was able to keep the motorcycle from falling by holding up the weight of the motorcycle and the passenger on the back, but he claimed that in doing so, he injured his right hip, neck, back and ribs. Truxel sued Mansbach. He alleged that Mansbach was negligent in the operation of her vehicle. Mansbach did not dispute liability., Truxel claimed he injured his neck, back, ribs and right hip in the accident. He subsequently presented to a hospital and then followed up with two months of a chiropractic treatment for his soft-tissue neck and back . When Truxel continued to complain of hip pain, allegedly due to a torn ligament, he underwent a hip arthroplasty in October 2012. Truxel claimed that despite undergoing hip surgery, he still could not go up ladders or stoop down due to his continued hip problems. Thus, he sought recovery of past medical costs and damages for his pain and suffering. Defense counsel acknowledged that Truxel’s neck, back and rib were related to the accident and that the have since resolved. However, counsel contended that Truxel did not complain of hip pain until one year after the accident. Thus, defense counsel argued that Truxel’s hip surgery was not related to the subject incident.
Superior Court of Alameda County, Oakland, CA

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