Case details

Deputy sheriff: Soft-tissue injuries caused limitations





Result type

Not present

back, neck, shoulders
On June 10, 2011, plaintiff Ashley Lewis, 26, a deputy sheriff who was on her lunch break from the sheriff’s academy, was stopped on northbound Kearny Villa Road in San Diego when her vehicle was rear-ended by a vehicle operated by Albert Scott. The impact collapsed Lewis’ trunk, rendering it un-drivable. She claimed to her neck, back and shoulders. Lewis sued Scott, alleging the defendant was negligent in the operation of his vehicle. The parties agreed to an expedited jury trial, but before trial, Scott died under circumstances unrelated to the incident. Defense counsel ultimately conceded liability on behalf of Scott during closing arguments., Lewis complained of mid-back and shoulder pain after the accident. A friend drove her home, but a few hours later, Lewis’ increasing pain prompted her to be driven to an emergency room for an evaluation. There, she was prescribed pain medication, and told to apply ice and rest as needed. Lewis then treated with a chiropractor for four months, after which she was released with a guarded prognosis. Lewis claimed that she still suffers chronic pain secondary to her mandatory use of a 28-pound utility belt on her job as a deputy sheriff. She alleged she was in extraordinarily good physical condition prior to her and won awards for her physical accomplishments at the academy, including for running. However, she claimed that after the accident, she has limitations that render her physical abilities to be mediocre. Defense counsel disputed Lewis’ , arguing that any injury Lewis did sustain had resolved, per the plaintiff’s chiropractor’s own records, although the chiropractor qualified those comments at trial. Prior to trial, the parties established a $22,000/$8,000 high/low agreement.
Superior Court of San Diego County, San Diego, CA

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