Case details
Multiple vehicle crash caused cervicogenic headaches: suit
SUMMARY
$89999
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
back, cervicogenic headache, head, headaches, neck, sprains, strains
FACTS
On Feb. 11, 2010, at approximately 3 p.m., plaintiff Claudia Amador, 46, the president of a communications company, came to a stop for a red light on Telegraph Canyon Road in Chula Vista. While stopped, Amador was rear-ended by a pickup truck operated by Jair Vizcarra, who was initially rear-ended by a pickup truck operated by Gabriel Villasenor. Amador claimed to her head, neck, and lower back. Amador sued Jair Vizcarra; Gabriel Villasenor; and the co-owners of Gabriel Villasenor’s vehicle, David and Brenda Villasenor. Amador alleged that Vizcarra and Gabriel Villasenor were negligent in the operation of their respective vehicles and that David and Brenda Villasenor were vicariously liable for their son’s actions, since they gave Gabriel Villasenor permissive use of the vehicle. Amador contended that Gabriel Villasenor initiated the three-vehicle chain-reaction collision due to inattentiveness and a failure to stop in time. The Villasenors did not dispute liability for the accident. Vizcarra, a Mexican national, did not answer the complaint., Three days after the accident, while taking her daughter to a family doctor in Mexico, Amador underwent an x-ray due to complaints of head pain. She was subsequently prescribed Vicodin and referred for an MRI. Amador was ultimately diagnosed with cervicogenic headaches related to cervical and lumbar sprains and strains, and she was fitted with a cervical collar. She then underwent physical therapy for over a year and was treated at a headache center. Amador claimed that she still experiences minor cervical and lumbar pain, and that her debilitating headaches now only occur occasionally. She also claimed she was able to return to work full-time, with no major restrictions. Thus, Amador sought recovery of $12,654 in past medical costs (Howell amount), $27,582 in past lost earnings, and an unspecified amount of damages for her pain and suffering. Defense counsel argued that Amador’s headache condition was pre-existing and unrelated to the accident. Counsel also argued that Amador suffered only minor strains and sprains of her neck and back, which should have resolved within a few months, and that Amador could not support a claim for lost earnings.
COURT
Superior Court of San Diego County, San Diego, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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