Case details

Multiple vehicle crash only caused whiplash injury: defense





Result type

Not present

back, bulging disc, cervical, disc protrusion, herniated disc, lumbar, neck, thoracic, thoracic neck
On Dec. 7, 2015, plaintiff Julian Romo, 19, a machinist, was driving north on North Kraemer Boulevard, in Anaheim. As he was approaching the intersection with East Crowther Avenue, his pickup truck was rear-ended by a sport utility vehicle operated by Gloria Lee. Prior to the collision with Romo’s truck, Lee lost control of her vehicle while traveling on northbound Kraemer Boulevard and struck two vehicles, one of which was operated by Eulogio Palacios and one of which was operated by Jeung Kim. Lee’s SUV then struck Romo’s truck. Romo claimed he sustained to his neck and back. Romo sued Gloria Lee; the co-owner on her vehicle, Joseph Lee; Eulogio Palacios; Jeung Kim; and the co-owner on Jeung Kim’s vehicle, Seung Kim. Romo alleged that Mrs. Lee was negligent in the operation of her vehicle and that Mr. Lee was vicariously liable for his wife’s actions. The matter ultimately proceeded against Mrs. Lee, as the other defendants were dismissed from the case. Mrs. Lee admitted negligence, and she did not claim that Romo was comparatively liable for the crash. Thus, the matter proceeded to a trial on the issues of causation and alleged damages., Romo claimed he sustained herniated cervical, lumbar and thoracic discs with the main area of concern being a central thoracic disc protrusion at the T11-12 level. He was taken to a hospital, where he was treated and released later that day. He then underwent months of physical therapy and chiropractic care. Recently, he had a permanent spinal cord stimulator implanted at T10. Romo claimed he will require future medical care, including device replacements for his implant, follow-up physician visits and medications. Romo sought recovery of almost $400,000 for reasonable past medical costs and almost $720,000 for future medical costs. He also sought recovery of $1 million in damages for his past pain and suffering, and $1 million in damages for his future pain and suffering. Defense counsel disputed the nature and extent of Romo’s alleged . Counsel contended that Romo only sustained a whiplash injury, which ultimately resolved a few months after the accident. Defense counsel also contended that none of Romo’s treatments after his physical therapy and chiropractic care was related to the subject accident. Defense counsel argued that Romo’s reasonable and necessary medical costs were less than $5,000 and that it would be reasonable to award Romo only $25,000 or less for his total pain and suffering.
Superior Court of Orange County, Orange, CA

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