Case details

Defense disputed plaintiff’s alleged back injuries following crash

SUMMARY

$10000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, epidural injections
FACTS
On June 28, 2015, plaintiff Denae Carrick, 32, a nurse, was driving on State Route 78, in Ramona, when her vehicle was rear-ended by a vehicle operated by Elizabeth Scofield. Carrick claimed to her back. Carrick sued Scofield, alleging that Scofield was negligent in the operation of her vehicle. Scofield accepted liability for the accident., Carrick alleged to her back and began treating with a chiropractor within a week of the accident. Her attorney eventually referred her to a neurosurgery expert , who treated Carrick for a few times in 2016. The attorney later sent Carrick back to the expert neurosurgeon one year later and underwent epidural steroid injections. Carrick claimed that she still has back pain and that she requires future medical treatment, including physical therapy and injections. Carrick sought recovery of $397,000 in total damages. Defense counsel contended that the parties involved in the accident pulled over to the side of the road and exchanged information before leaving the scene in their own vehicles. Counsel also contended that the police were not called and that Carrick did not claim at the scene. In addition, defense counsel argued that if Carrick was injured, her back would have resolved after treating with the neurosurgeon in 2016, prior to receiving the epidural injections. Defense counsel argued that the jury should award Carrick only $10,500, if anything.
COURT
Superior Court of San Diego County, San Diego, CA

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