Case details

Driver claimed broadside crash caused head and back injuries

SUMMARY

$975000

Amount

Arbitration

Result type

Not present

Ruling
KEYWORDS
back, brain, brain damage, disc protrusion, lumbar head, traumatic brain injury
FACTS
On July 25, 2013, plaintiff Betty Duke, 57, was attempting to make a left turn at the intersection of Crenshaw Boulevard and Torrance Boulevard, in Torrance, when her vehicle was broadsided by a vehicle operated by Chul Hwang, who ran a red light. Duke sustained to her head and back. Hwang’s insurer tendered its policy. Duke then sought further recovery via the supplementary-underinsured-motorist provision of her own insurance policy, which was administered by Trumbull Insurance Co. Trumbull initially refused to pay Duke for her , so Duke brought the matter to arbitration., Duke sustained a mild traumatic brain injury and a lumbar spine protrusion. She eventually underwent decompression surgery on her lumbar spine. Duke claimed that her future medical care would likely consist of follow up appointments with an orthopedist, X-ray and MRI imaging, and pain medication. She also claimed she will likely require a future lumbar fusion. The insurer’s counsel disputed the extent of Duke’s and alleged future medical care.
COURT
Judicate West, CA

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