Case details

Multiple vehicle crash caused shoulder deviation: plaintiff

SUMMARY

$26356.63

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
neck, shoulder, soft tissue
FACTS
On July 19, 2010, plaintiff Tiqua Meed, 36, a salesperson for a motion picture studio and a model, was driving on the 101 Freeway near Universal Studios when she was rear-ended by a vehicle that was initially struck by a vehicle operated by Hector Garcia. Meed’s vehicle then collided with another vehicle. As a result, Meed claimed to her neck and right, dominant shoulder. Meed sued Garcia, alleging the defendant was negligent in the operation of his vehicle. Garcia conceded liability for the accident., Meed was driven to a hospital after the collision by her ex-husband, who happened to be on the freeway that day. Initially, Meed only complained of a neck strain, but four days later, she presented to her treating physician, an orthopedist, who diagnosed her with soft-tissue neck . Meed subsequently claimed that the upper trapezius of her right, dominant shoulder deviated upward and was not asymmetrical. However, plaintiff’s counsel noted that the treating physician testified that he saw the trapezius injury, but never reported it as a deviation or asymmetry. For treatment, Meed underwent eight months of physical therapy. Meed claimed that she still suffers from the shoulder injury, which still is not asymmetrical, but that it does not limit her activities or daily life. Defense counsel contended that Meed’s shoulder deviation was due to her posture. The defense’s orthopedics expert opined that Meed’s shoulder deviation was due to postural positioning and disputed that there was any deviation present. The expert further opined that even if there was a deviation, it was not related to the subject accident, as the plaintiff’s expert’s medical records showed pre-existing asymmetry even though the plaintiff’s expert denied reporting it.
COURT
Superior Court of Los Angeles County, Glendale, CA

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