Case details

Family: Rear-ender caused mother to be unable to work

SUMMARY

$2221768.53

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, bulging disc, disc protrusion, lower back, lumbar, lumbar knee neck ankle
FACTS
On June 8, 2017, plaintiff Jesus Collazo, 51, a retail and restaurant worker, was driving with his wife, plaintiff Lorena Collazo, 47, a housekeeper at a hotel, seated in the rear, driver’s side seat and his son, plaintiff Diego Collazo, 22, a retail worker, seated in the front passenger seat. They exited Chapman Avenue, in Orange, near the Anaheim/Orange border, and entered the on-ramp for westbound Garden Grove Freeway, also known as State Route 22. (The on-ramp was part of an exit ramp traveling from the Orange Freeway, also known as State Route 57, to the Garden Grove Freeway.) After traversing the curved portion of the on-ramp, the Collazos came to a tri-phase ramp light designed to control traffic entering the highway. When the Collazos’ sedan came to a complete stop for the red light, it was rear-ended by a truck operated by Chad Phillips, an on-duty investigator for the Orange County Sheriff’s Department. Jesus Collazo claimed to his neck, back, a shoulder, a knee and a middle finger; Ms. Collazo claimed to her back; and Diego Collazo claimed to his neck, back, right shoulder and right ankle. The Collazos sued Phillips and Phillips’ employer, the county of Orange. The Collazos alleged that Phillips was negligent in the operation of his truck and that the county was vicariously liable for Phillips’ actions while in the course and scope of his employment. Ean Holdings, LLC, a holding company for the rental truck, which was rented by the county, was added as a defendant, but it was later dismissed from the case. The Collazos’ counsel contended that while Phillips was on the on-ramp attempting to enter the freeway, he dropped his handheld radio speaker microphone on the floorboard of the vehicle. By his own admission, Phillips became distracted and did not see the stopped Collazo vehicle, which had lawfully stopped for the red light. In his deposition, Phillips admitted that he had made the very mistake before and that it did not comport with his training on safe driving practices in picking up the microphone. Accordingly, Phillips admitted liability for the accident., Jesus Collazo claimed he sustained protruding lumbar discs at L4-5 and L5-S1, and a small avulson fracture to a middle finger, as allegedly seen on an X-ray, causing him to experience a triggering of his finger. He also claimed he suffered pain to his neck, a shoulder and a knee. Jesus Collazo treated his alleged lower back with a series of three injections, but his other alleged ultimately resolved. Jesus Collazo did not claim he needed any future medical treatment. Ms. Collazo was taken to a hospital after the accident. She saw a variety of physicians as well as her primary care physician. MRIs showed 2- to 3-millimeter disc extrusions at L3-4, L4-5 and L5-S1. For treatment, she had over 10 injections, an L4-5 and L5-S1 laminectomy with a rhizotomy and a spinal cord stimulator trial. Ms. Collazo claimed that she has not been able to return to work at her position as a result of her condition. She also claimed that her physicians recommended that she undergo a future lumbar fusion. Ms. Collazo sought recovery of nearly $475,000 in past medical costs. She also sought recovery of future medical costs, lost wages, and damages for her past and future pain and suffering. Diego Collazo claimed he suffered pain to his neck, back, right ankle, right shoulder and lower back. He did not seek any medical treatment until several months after the accident and he did not undergo any MRIs. He claimed his ultimately resolved, so he did not claim any future medical costs. Plaintiffs’ counsel contended that the medical bills for all three plaintiffs alone, not counting the alleged ongoing pain and suffering, amounted to nearly $560,000. Counsel also contended that the medical treatment rendered to all three plaintiffs was reasonable and necessary, especially since Ms. Collazo remains symptomatic to this day. Defense counsel argued that the medical treatments received by each plaintiff were not reasonable or necessary. Counsel disputed the alleged fracture to Jesus Collazo’s finger as well as the causation of Jesus Collazo’s alleged trigger finger. Counsel also argued that any damage awarded to the plaintiffs should account for the fact that Ms. Collazo had a history of prior back complaints, such as a claim of a work-related injury to her back. Defense counsel further argued that Ms. Collazo’s ongoing symptoms and continuous treatment were more due to her physical profile, as indicated by her doctor’s past diagnosis of her being obese. Defense counsel contended that, based on the sub rosa video that was obtained, Ms. Collazo was not actually as injured from the incident as suggested. Thus, defense counsel argued that the Collazos and their attorneys orchestrated some sort of conspiracy to build up their case because they saw the county as having deep pockets.
COURT
Superior Court of Orange County, Orange, CA

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