Case details

Driver’s speed and inattention caused rear-ender: plaintiff




Mediated Settlement

Result type

Not present

cervical, fusion, herniated disc, neck
On Aug. 5, 2010, at around 8:45 a.m., plaintiff Ameneh Zeynalzadegan, 51, a pharmaceutical manufacturing representative, was driving to work on southbound State Route 84, east of Thornton Avenue in Fremont, when her vehicle was struck in the rear by a 2003 Mitsubishi vehicle operated by Jamison Data. Zeynalzadegan claimed to her neck and shoulder. Zeynalzadegan sued Jamison Data and the owners of the Mitsubishi, Jamison Data’s parents, David Data and Deborah Data. Zeynalzadegan alleged that Jamison Data was negligent in the operation of the Mitsubishi and that his parents were vicariously liable for their child’s actions. Zeynalzadegan claimed that she was nearly stopped when her vehicle was suddenly rear-ended by Jamison Data. Plaintiff’s counsel noted that the airbags in the defendants’ Mitsubishi deployed and that the investigating California Highway Patrol officer charged Jamison Data with violation of California Vehicle Code § 22350, for excessive and unsafe speed during the prevailing conditions. Jamison Data admitted to travelling at a speed of 50 mph at the time of the collision, as well as to diverting his attention to the radio channels., Following the collision, Zeynalzadegan proceeded to work. However, she claimed that due to persistent and severe pain in her neck and shoulder, with pain radiating into her right lower extremity, she left work early and sought medical care. Zeynalzadegan was ultimately diagnosed with cervical disc herniations at the C5-6 and C6-7 levels, and a supraspinatus tear in her left non-dominant shoulder. She subsequently underwent an anterior cervical decompression and fusion at C5-6 on Sept. 13, 2011, and a left shoulder arthroscopy Feb. 18, 2011. Zeynalzadegan claimed that her vehicle sustained major rear-end damage in the accident, and that she was out of work for approximately two months following her neck surgery and for three months following her shoulder surgery. However, she claimed that she is still left with residual left shoulder pain with difficulties in overhead reaching, as well as periodic neck pain with restrictions in all range of motion. As a result, the plaintiff’s medical experts predicted that Zeynalzadegan would require further spine and shoulder surgeries. Thus, Zeynalzadegan claimed medical costs of approximately $90,000, a loss of earnings of $40,333.80 and general damages in excess of $500,000. Defense counsel disputed the future medical claims and contended that Zeynalzadegan suffered nothing more than minor transitory . Counsel contended that Zeynalzadegan did not suffer a shoulder injury, and that she only sustained a neck sprain/strain that justified only one week off from work and only four weeks of conservative care. However, defense counsel asserted that Zeynalzadegan’s recovery was delayed by underlying, degenerative conditions and psychological overlay. Thus, defense counsel asserted that Zeynalzadegan did not require any future medical care, but that if she did, the amount of her medical care costs should be limited to a fraction of the amount that Zeynalzadegan alleged that she requires.
Superior Court of Alameda County, Oakland, CA

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