Case details

Driver struck head-on claimed continued lumbar pain





Result type

Not present

abrasions, back, bulging lumbar discs, soft-tissue injuries
At around 2:45 a.m. on June 6, 2012, plaintiff Kyle Blackmon, 38, an automobile service advisor, was driving west on Barstow-Bakersfield Highway (also known as State Route 58), near Barstow, when a vehicle operated by George Voorhis, which was eastbound on SR-58, veered into oncoming traffic and collided head-on into Blackmon’s vehicle. Blackmon claimed to his back. Blackmon sued Voorhis, alleging that Voorhis was negligent in the operation of his vehicle. Justin Vann was initially named as a plaintiff, but he was ultimately dismissed from the case. Toribia Salgado, acting individually and as guardian ad litem for Roberto Medina, German Medina and Jasmin Medina, then brought a complaint against Voorhis and was added to the case in an amended complaint. However, Salgado and the three minor children were also ultimately dismissed from the case. Voorhis conceded liability. Thus, the matter proceeded to trial on Blackmon’s alleged and damages., Blackmon claimed that he sustained soft-tissue and abrasions, as well as bulging lumbar discs at the L4-5 and L5-S1 levels with possible nerve impingement. He was subsequently taken by ambulance to a hospital, where he was treated and released. Blackmon claimed that he was in nearly constant pain and that his relationships with his wife and children suffered as a result. He also testified that he could no longer work out due to the pain. Blackmon claimed that conservative medical care did not alleviate his pain and that back surgery would be required in the future. Defense counsel contended that Blackmon’s back were not caused by the accident, noting that Blackmon did not miss any work and had a nine-month gap in medical care. Counsel contended that even if Blackmon was injured, his were not as severe as he alleged and that Blackmon only suffered soft-tissue . Defense counsel argued that while Blackmon testified that he could no longer work out due to his pain, an investigator filmed Blackmon working out at the gym, attending his children’s’ soccer games, and carrying out other activities of daily living within two weeks of trial.
Superior Court of San Bernardino County, San Bernardino, CA

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