Case details

Intersection crash aggravated prior herniated disc: claimant

SUMMARY

$146400

Amount

Arbitration

Result type

Not present

Ruling
KEYWORDS
back, herniated disc, lower back
FACTS
On June 26, 2015, plaintiff Ryan Mitchell, 36, an attorney, was driving west on Sunset Boulevard, in Los Angeles. As he entered the intersection with Martel Avenue, which was not controlled by a light or stop sign, his sedan was struck by a vehicle that was turning left onto Martel Avenue from eastbound Sunset Boulevard. Mitchell’s car was broadsided, but the damage was more like a sideswipe collision, and Mitchell claimed to his lower back. The insurer of the turning motorist agreed to tender the driver’s $15,000 policy limit. Mitchell sought further recovery via the supplementary-underinsured-motorist provision of his own insurance policy, which was administered by Mercury Insurance Co., a division of Mercury Insurance Group., Mitchell complained of lower back pain and sought treatment at an urgent care facility four days after the accident. He claimed he suffered an aggravation of a pre-existing lumbar disc herniation at the L4-5 level. Nearly a month after that initial visit, he consulted with an expert orthopedic surgeon, who recommended physical therapy. Mitchell claimed that he continued to have back pain despite the physical therapy. He alleged that his lower back pain limited his ability to exercise or enjoy recreational activities like he did before, such as golfing and snowboarding. As a result, Mitchell’s orthopedist recommended that he receive pain management injections, but Mitchell has not received them yet. Mitchell claimed that he would eventually receive the pain management injections in the future and that he would will eventually require surgery. Mitchell sought recovery of $5,400 in past medical costs and an unspecified amount of future medical costs. He also sought recovery of damages for his past and future pain and suffering.
COURT
Judicate West, CA

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