Case details
Driver caused crash by ignoring red arrow, plaintiff claimed
SUMMARY
$33200
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, neck, neck injury, spondylolisthesis, spondylolisthesis neck
FACTS
On April 30, 2011, plaintiff Claire Sila, 34, a hairdresser, was driving her Toyota Prius at 35 miles per hour on Via Marina Way, approaching Admiralty Way in Marina Del Rey, when she was struck head-on by Rosemarie Bayles, who was making a left turn in her 1988 BMW. Sila claimed she suffered a neck injury. Sila sued Bayles, alleging the defendant was negligent in the operation of the BMW. Specifically, Sila claimed that Bayles stopped at a red arrow, but then ran the red arrow in order to make the left turn and caused the accident. Bayles admitted liability, and the matter proceeded to a trial on damages., Sila was not treated at the scene, but, two days later, she presented to a chiropractor for treatment of neck pain and was referred to an orthopedist. As a result, the orthopedist ordered X-rays and an MRI of the neck, and prescribed physical therapy. After being discharged from her doctors some months later, Sila continued to complain of neck pain. Not satisfied with the result of her prior treatment, she went for a second opinion from a different orthopedist, who prescribed a second MRI and nerve conduction test. As a result, the second physician diagnosed Sila with spondylolisthesis of the cervical vertebra the C2-3 level, resulting in a 4-millimeter reduction of motion. Thus, the second orthopedist, Dr. Alan Moelleken, opined that Sila would eventually need epidural injections. Defense counsel noted that Silas, the passenger in Sila’s vehicle, and Bayles all did not seek treatment at the scene of the accident. The defense’s orthopedic surgery expert testified that Sila only had a 3-millimeter reduction of motion.
COURT
Superior Court of Los Angeles County, Pasadena, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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