Case details

Defense: Driver tried to pass on right, caused collision with truck





Result type

Not present

back, bulging disc, lumbar elbow
On July 7, 2009, plaintiff Mose Hart III, 42, a patrol supervisor for Southern California Edison, was driving on Artesia Boulevard, a two-lane one-way street, in Compton. At approximately 4:30 p.m., an accident occurred in which the front left corner of Hart’s vehicle collided with the right-side cab of an 18-wheeler truck operated by Kevin Kent Kissinger. Hart claimed to his neck, back and right elbow. Hart sued Kissinger and National Retail Transportation Inc., Kissinger’s employer and owner of the 18-wheeler truck. Hart alleged that Kissinger was negligent in the operation of his vehicle, and further alleged that National Retail was vicariously liable for Kissinger’s actions. Hart contended that he was traveling in the right lane of Artesia Boulevard, between Alameda Street and Wilmington Avenue, when Kissinger attempted a sudden, wide left turn into a commercial driveway on the right side of Artesia Boulevard. Hart claimed that Kissinger made an illegal and dangerous maneuver, causing the accident and his personal . Hart further contended that he was traveling at a speed of 40 mph at the time of the accident. Defense counsel contended that Kissinger was traveling in the right lane of Artesia Boulevard, and that it was Hart who was traveling in the left, fast lane as the vehicles approached the commercial driveway. He claimed that as Kissinger slowed down to 5 to 10 mph and turned on his right-turn signal, he swung into the left lane to attempt a wide turn into the driveway. Kissinger claimed that Hart then moved into the right lane in an attempt to pass around the 18-wheeler, which caused the collision. , Hart went to a chiropractor 60 days after the accident, and was diagnosed with strains and sprains to his neck and lower back. He underwent treatment for two months, and was then referred to an orthopedist for an MRI, which revealed bulging discs at L4-5 and L5-S1. Hart also claimed he suffered bursitis in his right, dominant elbow. Hart contended that he still experiences residual pain and discomfort in his lower back, which restricts his physical activity. He claimed he will require future chiropractic care and/or physical therapy, and would consider epidural injections or surgery if his condition did not improve. He claimed $12,000 in past medical costs, and further sought $20,000 to $350,000 in future medical costs (depending on the extent of treatment), as well as an unspecified amount for his pain and suffering. Defense counsel contended that Hart was not seriously injured in the accident, and that his treatment and proposed future treatment were unreasonable, unnecessary and unrelated. They claimed that Hart’s soft-tissue were superficial in nature and self-limiting, and that his bulges were consistent with pre-existing degenerative changes in his lumbar spine.
Superior Court of Los Angeles County, Compton, CA

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