Case details

Motorist struck by tractor-trailer claimed back injuries




Mediated Settlement

Result type

Not present

back, facetectomy, foraminectomy, foraminotomy, microdiscectomy
On May 21, 2012, plaintiff Rachielle Capati, 34, a registered nurse, was driving her 2005 Toyota Prius on northbound Interstate 5, also known in that area as the Santa Ana Freeway, in Los Angeles. When she was at or near the intersection with southbound Interstate 605, also known as the San Gabriel River Parkway, her vehicle was rear-ended by a tractor-trailer, a 2007 Peterbilt with an attached trailer, operated by Alejandro Felix Lomeli, who was in the course and scope of his employment with Alfonso Del Real Montoya. Capati sustained to her back. Capati sued Lomeli; Montoya; the owner of the trailer, Meches Produce LLC. Capati alleged that Lomeli was negligent in the operation of the tractor-trailer and that Montoya and Meches Produce were liable for Lomeli’s actions. Lomeli was unable to be located after the incident. As such, Montoya and Meches Produce denied liability., Capati claimed that she suffered pain in her back (lumbar spine) after the collision. She subsequently underwent physiotherapy treatment and chiropractic care with a pain management physician, who also recommended a lumbar epidural. Capati then treated with a neurosurgeon, who conducted a right L4 hemilaminotomy, a mesial facetectomy and foraminotomy, an osteotomy of the superior facet of the right L5 vertebra, and a lumbar disc annuloplasty and electrocautery. The treating neurosurgeon also performed a right L5 hemilaminotomy; a mesial facetectomy and foraminotomy; an osteotomy of the super facet of the right S1 vertebra and microdiscectomy; an annular repair using the Anulex system, Xclose, at the L5-S1 level; an application of a fat graft to the L4-5 and L5-S1 laminotomy defect; and a facet block at L4-5 and L5-S1.
Superior Court of Los Angeles County, Los Angeles, CA

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