Case details

Driver and passenger both claimed back and neck injuries

SUMMARY

$500000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, neck, pain
FACTS
On Sept. 8, 2013, plaintiff Andrew Hernandez, an IRS account examiner/auditor in his 50s, was stopped in his Toyota 4Runner on East Harbor Boulevard, in Ventura. In the front passenger seat was Hernandez’s wife, plaintiff Ginger Hawkins, a building and planning technician for Ventura County in her 50s. While they were stopped about 400 feet west of the intersection with South Seaward Avenue due to traffic that was backed up for a stop light, their vehicle was rear-ended by a Chevy Silverado pickup truck with a tool trunk in the back. Hernandez and Hawkins each claimed to their respective neck and back. Hernandez and Hawkins sued the operator of the Chevy Silverado, Natalie Armstrong and the co-owner of the pickup truck, Christopher Armstrong. Hernandez and Hawkins alleged that Ms. Armstrong was negligent in the operation of her vehicle and that Mr. Armstrong was vicariously liable for Ms. Armstrong’s actions. Ms. Armstrong claimed that she was looking at the construction on her right and that when she looked forward again, her vehicle immediately rear-ended the plaintiffs’ Toyota 4Runner. Thus, she ultimately conceded liability., Later in the evening of the accident, Hernandez and Hawkins presented to a hospital’s emergency room, where they both complained of back and neck pain. They were subsequently examined and told to follow up with their family physician. Hernandez and Hawkins then saw a neurosurgeon who initially treated them both with conservative physical therapy. Eventually, both Hernandez and Hawkins were determined to be surgical candidates. As such, their treating neurosurgeon performed partial laminectomies with disc replacements at L5-6 on both Hernandez and Hawkins. (Hernandez underwent his surgery in early August 2014, while Hawkins underwent her surgery in early December 2014.) Hernandez and Hawkins each claimed that their respective surgeries provided them some relief, but not complete relief. Thus, they claimed that they might require future surgery. The past medical bills for Hernandez and Hawkins were paid in full. Thus, they each sought recovery of future medical expenses and damages for their past and future pain and suffering. Defense counsel denied that the alleged were caused by the subject accident, asserting that the collision involved an extremely light impact that would not have caused any alleged damages. Counsel also asserted that Hernandez and Hawkins each had pre-existing degenerative disc disease and that this made them susceptible to injury.
COURT
Superior Court of Ventura County, Ventura, CA

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