Case details

Defense: No injuries caused by minor rear-end impact





Result type

Not present

minor soft-tissue injuries
On March 2, 2010, plaintiff Carla Mizell, 67, a risk manager at Conejo Simi Moorpark Associate of Realtors, was driving east on Los Angeles Avenue in Simi Valley, when her vehicle was struck by a vehicle operated by Sheryl Gold. Mizell claimed an injury to her left knee. Mizell sued Gold and the vehicle’s owner, Lynn Hilleman, Gold’s mother. She alleged that Gold was negligent in the operation of the vehicle and that Hilleman was vicariously liable for her daughter’s actions. Mizell claimed that Gold failed to keep a proper look out and timely stop her vehicle, causing the rear-ender accident. Defense counsel contended that the rear-end impact was minor., Mizell did not claim any at the scene, but treated the next day with her primary care physician. She claimed she tore the medial meniscus in her left knee and required arthroscopic surgery. The plaintiff’s orthopedic surgery expert opined that the rear-end impact caused Mizell to suffer the meniscal tear and the required surgery. Mizell took off approximately four weeks from work for treatment and surgery recovery, but was able to eventually return to work. Mizell claimed that her health insurer paid $13,161.48 of her medical bills, which were for her treatment, surgery and rehabilitation. She also sought recovery of damages, including approximately $5,000 for her loss of earnings, approximately $100,000 for her past pain and suffering, and approximately $200,000 for her future pain and suffering. Defense counsel contended that there was no mechanism for Mizell’s alleged meniscal injury from the minor rear-end impact. Counsel also asserted that if Mizell was injured, she sustained only minor soft-tissue . Defense counsel argued that Mizell was not truthful about her pre-existing knee condition and her multiple personal-injury claims. Counsel added that Mizell had also failed to reveal a claim for worker’s compensation benefits she filed wherein she also claimed to her left knee.
Superior Court of Ventura County, Simi Valley, CA

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