Case details

Intersection crash aggravated prior hip injury, plaintiff claimed





Result type

Not present

hip, hip replacement
On May 17, 2007, at approximately 6 p.m., plaintiff Valerie-Jean Miller, 55, a retired musical performer, was driving east on Wilshire Boulevard in Los Angeles when she entered the intersection with Stanley Avenue and was broadsided by Shannon Chon Walker’s vehicle. Walker was traveling north on Stanley Avenue at the time of the crash. Miller claimed a hip injury from the accident. Miller sued Walker. She alleged the defendant was negligent in the operation of her vehicle. Miller claimed that she had the right of way at the subject intersection, since her part was uncontrolled while Walker had a stop sign. She also claimed she was waived on into the intersection by the vehicles in the number 2 and center lanes of northbound Stanley Avenue, but that Walker failed to stop. Miller alleged that as a result, she broadsided Walker as she proceeded into the intersection. Walker did not appear at trial, but her attorney contended that although Walker did make a stop at the subject intersection, Miller was speeding and driving inattentively. In addition, counsel contended that Miller was negligent for failing to notice Walker’s vehicle entering the intersection., Two weeks after the accident, Miller presented to a chiropractor for her first treatment of an alleged aggravation of a pre-existing right hip injury. She then continued to treat her hip injury conservatively with her chiropractor for almost five years, and underwent a hip replacement on March 26, 2012. Miller then followed up with four months of physical therapy. Miller claimed that her hip injury had mostly resolved following the surgery, with no major residuals or need for future surgery. Thus, she claimed roughly $85,000 in past medical costs and sought additional damages for her pain and suffering. Defense counsel argued that any hip injury claimed by Miller was caused by her pre-existing condition, which was not worsened by the subject accident.
Superior Court of Los Angeles County, Central, CA

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