Case details

Multiple vehicle rear-ender caused injuries, plaintiff claimed

SUMMARY

$22500

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, head, headaches, neck, stenosis
FACTS
At approximately 7 a.m. on May 11, 2010, plaintiff David Arellano, 44, a school teacher, was driving on the 118 Freeway in Northridge when he was involved in a multiple vehicle rear-end collision. During the crash, Tanya Brodsky Levy rear-ended a vehicle operated by George Edward Tiller, who in turn rear-ended a vehicle operated by Melissa Vick, who in turn rear-ended Arellano’s vehicle. Arellano claimed to his neck, back and left shoulder as a result of the accident. Arellano sued Mrs. Levy; the owner of her vehicle, her husband, Craig Levy; Tiller; and Vick. He alleged that Mrs. Levy, Tiller and Vick were each negligent in the operation of their respective vehicles, and that Mr. Levy was vicariously liable for his wife’s actions. Arellano claimed that Mrs. Levy, who admitted she was placing down a drink and lost sight of the road, was the primary factor in causing the accident. He also claimed that Tiller and Vick contributed to the accident by failing to avoid striking the vehicles in front of them. Both Tiller and Vick contended that Mrs. Levy was the cause of the accident that initiated the chain-reaction, rear-end collision. The Levys ultimately admitted liability for the purpose of a mandatory settlement conference., On the date of the accident, Arellano went to an urgent care facility with complaints of neck, back and left, non-dominant shoulder pain, as well as complaints of headaches and dizziness. He initially treated with chiropractic care for six weeks and was then referred to a neurologist, who referred him to an orthopedic surgeon. Arellano treated for over one year and underwent tests that revealed stenosis of his cervical spine. On April 23, 2012, Arellano underwent a cervical foraminotomy and discectomy, and then followed up with his orthopedist. Arellano claimed that his have mostly resolved, with no current restrictions or need for future care. Thus, he claimed past medical costs in excess of $60,000 and sought recovery of unspecified damages for his past pain and suffering. Defense counsel contended that Arellano only suffered minor soft-tissue strains and sprains, and did not sustain any serious neck injury from the accident. Tiller’s counsel also submitted photographic evidence of Arellano’s truck, which was allegedly not damaged in the accident. Thus, he contended that any damage to the vehicle happened after the fact.
COURT
Superior Court of Los Angeles County, Chatsworth, CA

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