Case details
Defense disputed the extent of plaintiff’s injuries following crash
SUMMARY
$23000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, bulging disc, cervical, cognition, herniated disc, mental, neck, psychological, sensory, speech, tinnitus
FACTS
On Dec. 9, 2013, plaintiff Deanna Strunk, 45, a self-employed worker in adult care services, was driving on El Camino Real, in Carlsbad. When she was near the intersection with Mission Avenue, her vehicle was rear-ended by a vehicle operated by Kristin Brown. Strunk claimed to her neck and back. Strunk sued Brown, alleging that Brown was negligent in the operation of her vehicle. Brown claimed that Strunk proceeded into the intersection, but then stopped suddenly, despite there being a green light on El Camino Real. Thus, she claimed that Strunk caused the accident and was entirely at fault., Strunk claimed she suffered pain to her neck, head and back, as well as had ringing in her ears, after the crash. She alleged that she was ultimately determined to have a cervical herniation or bulge, as well as a lumbar herniation or bulge at the L5-S1 level. She subsequently presented to a chiropractor on Dec. 11, 2013, two days after the subject accident and ultimately received two epidural injections to her spine in February 2014, as well as injections in the left sacroiliac joint and right hip. Strunk also claimed that she suffered memory problems and problems with her pelvis and uterus, resulting in gynecological problems and nervousness, as a result of the accident, but she ultimately she ultimately focused on her spinal injury claims at trial. Strunk claimed that as a result of her residual pain, she could no longer work or do activities she once enjoyed. Thus, Strunk sought recovery of $45,000 in past medical costs. She also sought recovery of lost wages and damages for her pain and suffering. Defense counsel argued that Strunk’s alleged were not related to the accident and noted that Strunk did not have any medical care until she saw a chiropractor two days after the accident. Counsel also argued that if Strunk did sustain any , they were only soft tissue in nature, and that none of Strunk’s physicians, treating or otherwise, recommended that she undergo any surgery. The defense’s neurosurgery expert opined that the basic treatment that Strunk underwent was appropriate to treat soft tissue . However, the expert testified that he did not believe Strunk’s MRI showed anything traumatically induced. In addition, the expert opined that Strunk was not a candidate for any surgery related to the accident and that Strunk’s billing and charges were unreasonable.
COURT
Superior Court of San Diego County, San Diego, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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