Case details

Multiple vehicle crash resulted in need to restrict motion: claimant

SUMMARY

$90000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
anterolisthesis, back, cervical, depression, lumbar, mental, neck, psychological, pulmonary, respiratory, strain
FACTS
On June 9, 2021, claimant Michael Doyle, 82, a retiree, was driving on northbound La Sierra Avenue, in Corona, when he stopped for traffic. While Doyle was stopped, his vehicle was rear-ended by the vehicle that was previously stopped behind him. Prior to the impact, the vehicle that was stopped behind Doyle was rear-ended by a vehicle operated by Beenedict Mubangizi. As a result, the non-party vehicle rear-ended Doyle’s vehicle. Doyle sustained to his back, neck and a leg. In lieu of filing a lawsuit, Doyle sought direct recovery from Mubangizi’s insurance provider, Farmers Insurance Group of Cos. Doyle alleged that Mubangizi was negligent in the operation of his vehicle. Doyle sought further recovery via the supplementary-underinsured-motorist provision of his own insurance policy, which was administered by Interinsurance Exchange of the Automobile Club, which is part of the American Automobile Association (also known as AAA). Doyle’s counsel contended that Mubangizi was traveling at 45 mph and that Mubangizi failed to stop before crashing into the non-party vehicle. Counsel contended that as a result, the non-party vehicle was push forward into Doyle’s vehicle. Doyle’s counsel added that the responding police officer found Mubangizi 100 percent at fault for violating California Vehicle Code § 22350, which states, "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property.", Doyle claimed he suffered strains to his cervical and lumbar spine. He also claimed the accident caused deep vein thrombosis in a femoral vein, resulting in a bilateral pulmonary embolism. Doyle first presented to an urgent care facility two days after the accident. Complaints of pain to his back, neck and left side were noted, and he underwent X-rays of his lumbar spine, which showed that a lumbar disc at L4-5 had Grade 1 anterolisthesis, which is a spinal condition in which the upper vertebral body slips forward onto the vertebra below. As a result, he was diagnosed with a cervical strain, a lumbar strain, and a quadriceps muscle strain. Doyle was subsequently told to rest, elevate his legs, and use ice and compression for his pain. He was also told to not do anything that would exacerbate his pain for one week. In addition, he was prescribed Tramadol for the pain in his neck, back, left leg and left knee. However, when his pain did not resolve, Doyle was referred for physical therapy, which he started in July 2021. Doyle was eventually diagnosed with an anxiety disorder, a paranoid reaction and a change in personality. As a result, he was admitted to Corona Regional Medical Center, in Corona, and prescribed Citalopram. Six months after his hospital stay, Doyle returned to Corona Regional Medical Center after it was discovered that he had deep vein thrombosis in a femoral vein in his left leg that resulted in a bilateral pulmonary embolism. As a result, he was bedridden for months and remained hospitalized from Sept 20, 2021, until Oct. 5, 2021. Doyle claimed that he continues to suffer from range of motion problems, limited strength in his body and depression. Doyle did not make a claim for any future medical care. However, he sought recovery of past medical costs, and damages for his past and future pain and suffering.
COURT
Matter not filed, CA

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