Case details

Defense: Plaintiff’s treatment unreasonable and unnecessary





Result type

Not present

back, bulging disc, herniated disc, lower back, lumbar neck, neck, neurological, radicular pain, radiculitis, stenosis
On June 8, 2010, plaintiff Samey Nekrawesh, 41, a taxi driver, was driving on B Street when he stopped in the middle of the intersection with Watkins Street in Hayward and was rear-ended by a vehicle operated by Valerie Arno. No police or ambulance arrived at the scene. However, Nekrawesh later claimed neck from the accident. Nekrawesh sued Arno, alleging the defendant was negligent in the operation of her vehicle. Nekrawesh claimed that at the scene, Arno apologized and said she was distracted, looking down at something, when the collision occurred. Arno claimed Nekrawesh suddenly stopped in the middle of the intersection and that she could not avoid the collision. However, she ultimately conceded liability., Nekrawesh was not treated at scene, but he presented to a chiropractor near his house the following day. He went to his family physician with complaints of neck and lower back pain, and subsequently underwent conservative treatment until August 2010. However, he claimed the pain did not get better and, on Aug. 24, 2010, he underwent an MRI, which showed a 10-millimeter cervical herniation at the C5-6 level. Nekrawesh was then referred to a neurosurgeon and a pain specialist, who performed three epidural injections. Nekrawesh claimed his pain still did not improve after the injections. He alleged he still has major nerve irritation and stenosis in his neck, and a bulging disc in his lower back. He claimed that as a result, he is left with pain in his neck that radiates to his left arm and hand, and pain in his lower back that radiates to his left leg. Thus, Nekrawesh claimed that he will need a cervical disc fusion at a cost of $100,000 to $125,000. Defense counsel argued that Nekrawesh’s medical bills and treatment were unreasonable and unnecessary.
Superior Court of Alameda County, Hayward, CA

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