Case details

Intersection crash resulted in cervical fusion: plaintiff





Result type

Not present

cervical, fusion, herniated disc, neck
On Sept. 7, 2018, plaintiff Georgia Gentile, 35, a regulatory submission professional, was driving on northbound Winter Gardens Boulevard, in San Diego, with her daughter plaintiff Giana Gentile, 8, a student, as a rear-seat passenger. As they entered the intersection with Lemon Crest Drive, the Gentile vehicle was broadsided by a vehicle operated by Enrique Lambarri, who entered the intersection from westbound Lemon Crest Drive. Gentile and her daughter were brought to a hospital, but only Gentile sustained physical , which were to her neck. Gentile and Giana, acting through a guardian ad litem, sued Lambarri and Lambarri’s employer, the California Communications Access Foundation. Gentile alleged that Lambarri was negligent in the operation of his vehicle and that the California Communications Access Foundation was vicariously liable for Lambarri’s actions while in the course and scope of his employment. Plaintiffs’ counsel contended that Lambarri failed to stop for a red light on Lemon Crest Drive, in violation of California Vehicle Code § 21453(a), and caused the collision by failing to yield the right of way to the Gentile vehicle. The defendants conceded liability., After the collision, Gentile and Giana were taken to a hospital. Giana was examined in the emergency room and determined to have no physical . However Giana was stunned from being involved in the accident. Gentile sustained herniated cervical discs at the C4-5, C5-6 and C6-7 levels. After being discharged from the hospital, she underwent physical therapy and received epidural injections. However, she still complained of neck pain, so she ultimately underwent an anterior cervical discectomy and fusion. Gentile continued working and has no residual limitations. However, she claimed she may require physical therapy in the future. Gentile claimed she had $85,000 in past medical costs, which were paid and adjusted. She sought recovery of past medical costs and possible future medical costs. She also sought recovery of damages for her past and future pain and suffering. Her husband, Justin Gentile, presented a derivative claim seeking recovery for his loss of consortium. Defense counsel contended that Gentile’s had resolved and that Gentile did not require any future medical care.
Superior Court of San Diego County, San Diego, CA

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