Case details
Defense: Low impact could not have caused back injuries
SUMMARY
$100000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, herniated disc, lower back
FACTS
On Aug. 14, 2014, plaintiff Brian Field, 45, a salesman, was stopped on southbound Santa Ana Freeway, also known as Interstate 5, in Orange County, when his vehicle was rear-ended by a vehicle operated by Rachel Aleknavicius. Field claimed to his back. Field sued Aleknavicius, alleging that Aleknavicius was negligent in the operation of her vehicle. Aleknavicius conceded liability., Field claimed he suffered a herniated thoracic disc at the T8-9 level. He first presented to his primary physician two weeks after the accident and attempted to conservative care in the form of two years of physical therapy. Field claimed that he continues to suffer back pain and that his current physical limitations impact his physical and sport activities, such as golfing. As a result, his treating orthopedic surgery expert recommended that Field undergo one epidural injection a year. However, Field had not received any injections by the time of trial. Defense counsel noted that the repair estimate of Field’s vehicle was about $700. Thus, counsel argued that the low impact could not have caused Field’s alleged . Defense counsel further argued that it was impossible for such a low impact to cause Field’s back injury and attributed the disc herniation to a degenerative disc disorder.
COURT
Superior Court of Orange County, Orange, 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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