Case details
Defense: Collision did not cause neck and back issues
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
back, cervical, herniated disc, lumbar, neck
FACTS
On Oct. 24, 2016, plaintiff Georgina Arreguin-Topete, 36, an executive assistant, was driving in Brea when her vehicle was rear-ended by a vehicle operated by Paul Lonigro. Arreguin-Topete claimed to her neck and back. Arreguin-Topete sued Lonigro. She alleged that Lonigro was negligent in the operation of his vehicle. Lonigro admitted liability for the collision, and the matter proceeded to a trial on damages., Arreguin-Topete claimed that she sustained herniated cervical and lumbar discs. She presented to an urgent care facility in Orange the day after the accident and later treated with chiropractic therapy, epidural injections and orthopedic consultations for surgery, resulting in more than $78,000 in medical bills. Arreguin-Topete claimed that she has recurring pain in her lower back and neck as a result of the accident. Arreguin-Topete sought recovery of $78,000 in past medical costs, and more than $200,000 in damages for past and future pain and suffering. Defense counsel noted that both vehicles were drivable after the accident and that Arreguin-Topete indicated to Lonigro that she was fine. Information was exchanged, and there was no traffic collision report. Counsel also noted that Lonigro apologized for the collision, and Lonigro’s insurance carrier paid for the costs of repair to Arreguin-Topete’s vehicle. Defense counsel argued that Arreguin-Topete was not injured or was minimally injured as a result of the collision. Counsel also contended that Arreguin-Topete underwent medical procedures by direction from her attorneys, rather than medical professionals. In addition, defense counsel argued that Arreguin-Topete’s alleged recurring pain was a result of regular wear and tear that all people experience as they grow older.
COURT
Superior Court of Orange County, Orange, CA
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