Case details

Intersection collision caused ongoing spinal pain: plaintiff

SUMMARY

$210000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
back, herniated disc, lower back, neck, neurological, radiculopathy, right hip, right leg, stenosis
FACTS
On July 26, 2010, at approximately 3:30 p.m., plaintiff Annette Abernethy, 57, a vice president/private banker, was driving on westbound Washington Avenue, in Santa Monica, when she entered the intersection with 7th Street and was broadsided by a vehicle operated by Teryl Matkins, who was traveling on southbound 7th Street. Abernethy claimed to her neck, lower back, right hip, and right leg. She also sustained two fractured ribs and contusions to her entire body. Abernethy sued Mrs. Matkins and the co-owner of Mrs. Matkins’ vehicle, Michael Matkins, Mrs. Matkins’ husband. Abernethy alleged that Mrs. Matkins was negligent in the operation of her vehicle and that Mr. Matkins was statutorily liable for his wife’s actions. Abernethy contended that Mrs. Matkins ran a stop sign at the subject four-way-stop intersection and then broadsided the passenger side of her vehicle at a high rate of speed. She claimed that as a result, her vehicle spun and careened out of control. Thus, Mrs. Abernethy claimed that Mrs. Matkins was 100 percent at fault for the accident. Mrs. Matkins initially denied fault for the accident; however, her insurance carrier ultimately accepted liability., On the day after the accident, Abernethy presented to a wellness center with pain complaints and was referred to an orthopedic surgeon. She then presented to the orthopedic surgeon with complaints of neck stiffness, mild thoracic pain, lower back stiffness, and tender quadriceps. The orthopedic surgeon subsequently ordered MRIs, and Abernethy was further diagnosed with neck and back sprains. Abernethy was also referred to a neurologist and treated with that neurologist three times in the summer of 2012. Abernethy was diagnosed with neuropathy of her lower extremities and was recommended physical and pool therapy. She ultimately endured 35 total physical therapy sessions, but claimed limited improvement. On July 31, 2012, Abernethy presented to a spinal surgeon for treatment, complaining of constant neck and back pain with radiculopathy into her shoulders, arms and legs (with the right side being worse than the left). The surgeon reviewed her MRIs and noted evidence of collapsed disc height at C5-6, C6-7, L3-4, L4-5, and L5-S1. Abernethy claimed she was fearful of surgery and continued to treat conservatively with physical therapy, hoping that it would improve her pain symptoms. However, when she followed up with her spinal surgeon on Sept. 16, 2013, Abernethy was diagnosed with a severe right-sided disc herniation at C5-6 with bilateral foraminal stenosis at C6-7, as well as abnormalities at C4-5, L4-5, and L5-S1. The surgeon recommended epidural injections, and on Feb. 4, 2014, Abernethy demonstrated improved symptoms. However, Abernethy claimed that she still had not regained pre-accident health. Abernethy claimed that she still wakes up fatigued and in horrible pain, that she constantly requires medication, and that she will require future treatment due to her permanent condition. She also claimed that she continues to treat with acupuncture, physical therapy, medication, and orthotics to manage her pain and that she may require future cervical and lumbar decompression surgery. Abernethy’s husband, Robert Abernethy, is an amputee who also suffers from diabetes, hypertension, vascular disease, and asthma. Mr. Abernethy claimed that as his wife was his caregiver for 10 years prior to the accident, his wife’s current condition prevents her from assisting him in various capacities any longer. He also claimed that his wife had to hire an attendant/care giver and even placed him in an assisted living facility because she could no longer care for him. Thus, Mrs. Abernethy sought recovery of $30,759.82 in past medical costs, $165,000 to $215,000 in future medical costs, $630,192 in loss of earning capacity, and $431,539 in loss of household services. She also sought recovery of general damages for her past and future pain and suffering. Mr. Abernethy sought recovery of damages for his loss of consortium. The defense’s expert neurologist testified that while Mrs. Abernethy’s neck and back were caused by the subject accident, he did not believe that Mrs. Abernethy would require any surgical treatment for her .
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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