Case details

Motorcyclist: Vehicle’s improper lane change caused back injury

SUMMARY

$1100000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, cervical, herniated disc, lower back, lumbar, neck, neurological, radicular pain, radiculitis, radiculopathy, sprain, strain
FACTS
On Sept. 29, 2015, plaintiff Kristopher Griffin, 36, a manager of a motorcycle repair shop, was operating a motorcycle north on State Route 23, also known as the Moorpark Freeway, in Ventura County. When he was between the East Hillcrest Drive ramp and the East Janss Road exit, in Thousand Oaks, traffic began to slow to a stop when a vehicle in the lane to his right changed lanes, pulling in from of him. As a result, Griffin was unable to avoid the vehicle and struck its rear, causing him to be ejected from his motorcycle. He subsequently landed several feet away and suffered multiple . Griffin sued the driver of the vehicle, Emerita Giusti, and the owner of the vehicle, Giovanni Giusti. Griffin alleged that Ms. Giusti was negligent in the operation of her vehicle and Mr. Giusti was vicariously liable for Ms. Giusti’s actions. Griffin also alleged that Mr. Giusti negligently entrusted the vehicle to Ms. Giusti, but the negligent entrustment claim was withdrawn early in litigation. Griffin claimed that he was moving forward at about 25 mph in the third lane from the left when traffic began to slow to a stop. However, he alleged that Ms. Giusti made a sudden lane change, without any signal on, and pulled in from of him, causing him to be unable to avoid the crash. Griffin’s counsel asserted that Ms. Giusti improperly entered Griffin’s lane and that by doing so, Ms. Giusti violated California Vehicle Code § 21658(a), which states that “a vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety.” Ms. Giusti maintained that, before changing lanes, she had on her turn signal and had looked to her left to make sure it was safe for her to change lanes. She claimed that since she saw no one, she attempted the lane change. Thus, Ms. Giusti’s counsel maintained that Griffin caused the accident because he was lane-splitting and driving too fast given the heavy flow of traffic., Following the accident, Griffin drove his motorcycle home. However, the next morning, Griffin presented to a physician with complaints of pain to his neck, lower back, and buttocks. He was subsequently diagnosed with strains and sprains to his cervical and lumbar spine. Days later, Griffin presented to a chiropractor, whom he treated with regularly for the next year-plus. He also underwent MRIs and EMGs, and was diagnosed with a herniated lumbar disc at the L5-S1 level and right-sided radiculopathy stemming from that site. Griffin then presented to a pain-management specialist and received an epidural injection to his lumbar spine. He claimed the injection provided some relief for an extended period of time. At the end of 2016, Griffin underwent a second epidural injection, which allegedly worsened his back pain. He then presented to an orthopedic surgeon, who determined that Griffin required surgery. As a result, on March 16, 2017, Griffin underwent an artificial disc replacement at L5-S1, a discectomy, and a partial vertebrectomy. Following the surgery, he followed up with his surgeon, and continues to do so. Griffin’s treating orthopedic surgeon opined that Griffin responded well to the surgery and that if Griffin made a full recovery from the surgery, he most likely would not suffer from adjacent segment dysfunction in the future. Prion to undergoing the second epidural injection, Griffin missed a number of days from work. He claimed that when he did work, it was in a less-physical, more managerial capacity. Griffin alleged that he hoped to eventually resume all of his duties in his motorcycle shop and be able to ride his dirt bike recreationally. Thus, Griffin sought recovery of $350,259 in past medical costs and about $4,900 in lost wages. He also sought recovery of damages for his past and future pain and suffering. The defense’s orthopedic surgery expert examined Griffin and opined that Griffin’s chiropractic treatment and first epidural were reasonable. However, the defense expert also opined that Griffin’s surgery was unnecessary and unrelated to the accident.
COURT
Superior Court of Ventura County, Ventura, CA

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