Case details

Driver claimed he suffered spinal injuries from rear-ender





Result type

Not present

back, bulging disc, cervical, herniated disc, lower back, neck
On Feb. 17, 2012, at approximately 6:45 p.m., plaintiff Sergio Insuasti, 38, was driving a 2004 Cadillac CTS in the far left westbound lane on the Capitol Expressway in San Jose when his vehicle was rear-ended by a 2001 Ford F250 pickup truck operated by Mark Gallagher. Insuasti’s vehicle was then pushed into the vehicle in front of him. As a result, Insuasti claimed neck, shoulder, head and back . Insuasti sued Gallagher, alleging the defendant was negligent in the operation of his pickup truck., Insuasti claimed to his neck, lower back, left shoulder, arm and wrist. An MRI of the lumbar spine revealed mild facet arthropathy at L3-4, bilateral facet arthropathy at L4-5, a disc desiccation, mild disc height loss, and a tear of the annulus fibrosis at L5-S1. The report also reflected a 1-centimeter central subligamentous disc herniation in the craniocaudal dimension at L5-S1, extending 4- to 5-millimeters beyond the vertebral end plate, and a central disc protrusion at L5-S1, which impressed on the designated S1 nerve roots. An MRI of the cervical spine revealed a subtle tear of the annulus fibrosis along the left neuroforaminal margin at C3-4. It also showed disc desiccation and moderate disc height loss at C4-5, including marginal end plate osteophytic spurring, a left paralateral/neuroforaminal disc protrusion, left and right neuroforaminal narrowing that was superimposed on the broad-based disc bulge, and a focal central disc protrusion that extended 2- to 3-millimeters beyond the vertebral end plate and compressed the anterior aspect of the cord. The MRI further revealed a broad-based disc bulge at C5-6, including a paralateral-neuroforaminal disc protrusion, bilateral neuroforaminal stenosis, right anterolateral effacement, and right hemi-canal stenosis with the right anterior cord mildly compressed. In addition, the MRI revealed that along the right paralateral/neuroforaminal margin of C6-7, there was a 4-millimeter extension beyond the vertebral end plate, right and left neuroforaminal stenosis and canal narrowing. Thus, Insuasti claimed he required $10,580 worth of past medical treatment.
Superior Court of Santa Clara County, Santa Clara, CA

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