Case details

Defense: Low-impact collision could not have caused injuries

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, herniated disc
FACTS
On June 9, 2011, plaintiff Sebastiana Belle, 30, a preschool teacher, was stopped at a red light at the intersection of Lankershim Boulevard and Campo De Cahuenga Way in Studio City, while Ashley Andrews’ vehicle was stopped behind her. However, after Belle began to make a right turn on the green light, she stopped for a pedestrian in the crosswalk and was rear-ended by Belle’s vehicle, which did not stop. As a result, Belle claimed a back injury. Belle sued Andrews, alleging that the defendant was negligent in the operation of her vehicle. Andrews did not dispute liability., Belle claimed that she sustained a lumbar herniation at the L5-S1 level as a result of the accident. Belle complained of lower back pain after the accident. She subsequently presented to a chiropractor the following day, and treated with this chiropractor for approximately six months, during which she underwent manipulations and acupuncture. The chiropractor then referred Belle to a Board Certified orthopedic surgery expert for further treatment. Five weeks after the accident, Belle was diagnosed with an L5-S1 herniation. She then underwent therapy with her treating orthopedic surgeon and had two epidural injections, one in October 2011 and one in November 2011. She also underwent a facet block procedure in April 2013 and a sacroiliac joint injection in May 2013. Belle claimed that, despite treatment, she continues suffer pain and receives ongoing treatment with the orthopedic surgery expert. She also claimed she was unable to work immediately following the accident and lost her job as a result. However, she alleged that she was able to start a new job in October 2011, but is only able to work part-time due to pain from prolonged periods of work. The plaintiff’s treating physician, an orthopedic surgery expert, opined that Belle’s were consistent with, and a result of, the subject accident. The expert also opined that Belle would require either further medical pain management or surgery to repair her herniated disc. Defense counsel argued that Belle’s could not be a result of the less than 3 mph low-impact accident. Instead, counsel contended that Belle’s were a result of long-term degenerative disc disease, and that her treatments were neither reasonable nor necessary. The defense’s orthopedic surgery expert testified that Belle suffered some injury, but disputed the extent of her . The defense’s accident reconstruction and biomechanics expert testified that the accident occurred at less than 3 mph and could not cause the that Belle claimed. This expert also opined that Belle’s condition was a result of degenerative disc disease.
COURT
Superior Court of Los Angeles County, Burbank, CA

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