Case details
Defense questioned plaintiff’s injuries from rear-end accident
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
cervical disc injury, neck
FACTS
At around 5:30 p.m. on April 28, 2010, plaintiff Leslie Turpin, 52, a corporate credit manager, was driving her Mercedes-Benz CLK in the middle lane of the southbound 405 Freeway, in Long Beach. While in rush hour traffic, Turpin was rear-ended by a 2008 Ford Escape operated by Robert Camara. The force of the impact subsequently caused Turpin’s vehicle to proceed forward into another Mercedes-Benz. Turpin also claimed to her neck. Turpin sued Camara, alleging that Camara was negligent in the operation of his vehicle. Camara admitted that he did not slow down his vehicle in time. Thus, he admitted liability for the accident., Turpin had no complaints of at the scene, but later went to her regular physician with a complaint of a cervical disc injury. One week after the accident, Turpin presented for chiropractic treatment and she then went to see a physician. She was then started physical therapy. In January or February 2012, she received cervical injections of steroid-based painkiller. Turpin, who was a corporate credit manager and dealt with extending credit and collecting payments from customers, claimed that for the 16 weeks following the accident, she worked four out of five work days. She also claimed she still had issues with her neck and would require future treatment. The plaintiff’s treating orthopedic surgeon, whom Turpin saw three years after the accident, opined that Turpin’s injury was directly related to the subject accident. Thus, Turpin sought recovery of $30,015.55 in medical costs and $36,536 in lost earnings. She also sought recovery of damages for her pain and suffering. Defense counsel contested whether Turpin suffered any form the accident. Counsel noted that Turpin had degenerative disc disease, including degenerative changes at C5-6, and disc desiccation. Counsel also noted that Turpin had no disc herniations and that Turpin’s annular wall was stable. Defense counsel further contended that there were other misrepresentations in Turpin’s deposition regarding her alleged injury. In regard to lost time from work, defense counsel noted that, according to Turpin’s attendance record, Turpin had regularly used her vacation days to take off on Fridays, even well before the subject accident. Defense counsel also contended that Turpin’s supervisor, who owned the company, admitted that Turpin’s attendance stayed the same and that he was not aware of Turpin taking any time off due to an accident. The supervisor also claimed that he would have known if one of his workers was taking time off for an injury.
COURT
Superior Court of Los Angeles County, Torrance, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
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- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
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- mental
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- psychological
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- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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