Case details

Freeway accident caused disabling injuries, plaintiff alleged

SUMMARY

$1174000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
cervical, depression, fusion, herniated disc, mental, neck, psychiatric, psychological, strain
FACTS
At around 11:45 p.m. on Sept. 11, 2013, plaintiff Kyoung Lee, 45, a student and nurse, was driving on northbound Redwood Highway, also known as United State Route 101, when her vehicle was struck by a vehicle operated by Richard Tan, who was attempting to change lanes. Lee claimed to her neck and a shoulder. Lee sued Tan and the owner of Tan’s vehicle, Tan’s employer, Dependable Highway Express Inc. Lee alleged that Tan was negligent in the operation of his vehicle and that Dependable Highway Express was vicariously liable for Tan’s actions. The defendants admitted liability, and Tan was dismissed from the case. Thus, the matter proceeded to a damages trial against Dependable Highway Express only., Lee claimed that she sustained herniated intervetebral discs at the C4-5 and C5-6 levels, and a shoulder strain. Following the collision, Lee was transported to an emergency room, where she was diagnosed with strains of the cervical spine and left shoulder. She also claimed she sustained a head injury. She was subsequently treated and released. Lee claimed that she was later determined to have a two-level disc herniation. As a result, she underwent an artificial disc replacement surgery at the C4-5 and C5-6 levels in July 2014. However, Lee claimed she continued to suffer from pain and limitations as a result of her . As a result, Lee later underwent a two-level cervical fusion at the C4-5 and C5-6 levels in March 2017. Lee had an registered nursing license since 2010, but had only worked as a nurse for about six months between 2010 and 2011. She then started school about two weeks after the artificial disc replacement surgery and ultimately graduated from California State University, Los Angeles, in 2015 with a Bachelor of Science degree in nursing. However, Lee alleged that she continued to suffer from pain and limitations, causing her to be unable to drive, work, cook, shower, do household chores, or walk without pain. She also alleged that she suffered from debilitating psychiatric , including somatic symptom disorder, severe depression, and suicidal tendencies, all stemming from the accident. As a result, she claimed she could never again work as a nurse, or in any capacity, not even part time, for the rest of her life because she could no longer lift patients. The plaintiff’s vocational rehabilitation expert opined that Lee could not work at any other job because of Lee’s medication and alleged pain. Thus, plaintiff’s counsel asked the jury to award Lee $11 million in total damages. Defense counsel argued that Lee was overstating and exaggerating her and that Lee only sustained the initial diagnoses of strains to the cervical spine and left shoulder, as testified to by the emergency room doctor. Defense counsel also argued that Lee repeatedly failed to follow her doctors’ recommendations to complete extensive physical therapy before considering surgery, but that rather than following those instructions, Lee found a new doctor each time until she finally found one to perform surgery. Defense counsel contended that although Lee and the plaintiff’s vocational rehabilitation expert testified that Lee would be unable to work in an capacity after the accident, Lee was able drive to school, complete classroom and practical work, earn all A’s and B’s, and graduate on time with a Bachelor’s in nursing in 2015 — all after the incident. Counsel also contended that Lee traveled to Korea for vacations twice during that time. In addition, defense counsel noted that the plaintiff’s expert psychiatrist’s own psychometric testing reflected an markedly high score on the Lees-Haley Fake Bad Scale (a score of 115, where 50 is normal and 65 is considered abnormally high), which counsel argued essentially indicated certain malingering.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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