Case details

Multiple impact collision caused neck injury, plaintiff claimed

SUMMARY

$204409.4

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
cervical, disc protrusion, neck
FACTS
On Aug. 29, 2012, at around 5:30 p.m., plaintiff Dawn Doyle was driving on Harbor Road, near Gonzales Road in Ventura County, when she was struck by a vehicle operated by Wendy Henchy. Subsequently, a vehicle operated by Audrey Poisson struck Henchy, causing Henchy’s vehicle to strike Doyle’s vehicle a second time. Doyle claimed a neck injury from the accident. Doyle sued Henchy and Poisson, alleging that the defendants were negligent in the operation of their respective vehicles., Doyle claimed she injured her neck in the accident and an MRI showed that she had a disc protrusion at C5-6. Thus, she claimed the cervical injury was from the subject collision and caused her neurological symptoms. Doyle subsequently underwent conservative care before having an epidural injection to the cervical spine. Doyle claimed the epidural injection helped, but did not completely take away her pain. Thus, she alleged that she will eventually require surgery on her neck. Thus, Doyle sought recovery of approximately $29,409.40 in past medical costs, approximately $102,000 in future medical costs, approximately $8,000 in future lost wages, and an unspecified amount of damages for her pain and suffering. Defense counsel disputed the nature and extent of Doyle’s injury. Counsel argued that all the findings on the MRI showed that Doyle’s neck condition was degenerative in nature, pre-existing, and causally related to a rollover collision that occurred 10 months before the August 2012 accident. Defense counsel further argued that future surgery was not necessary and not related to the collision. In response, Doyle claimed that she never reported any neck pain to her doctors after the prior rollover collision and that she only had back pain from that accident.
COURT
Superior Court of Ventura County, Ventura, CA

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