Case details

Multiple vehicle rear-ender caused lumbar injuries: plaintiff

SUMMARY

$90276.82

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, herniated disc
FACTS
On Jan. 6, 2010, at approximately 7 a.m., plaintiff Eric Grover, 29, a medical school student, was driving north on Interstate 215 in Riverside, just north of the Columbia Avenue off-ramp, when he was rear-ended by a vehicle operated by Harold Olivo. As a result, Grover impacted a third vehicle. Grover claimed to his back and neck. Grover sued Harold Olivo and the owner of the vehicle, Harold Olivo’s mother, Alejandra Olivo. Grover alleged Mr. Olivo was negligent in the operation of his vehicle and that Ms. Olivo was vicariously liable for her son’s actions. Ms. Olivo was ultimately dismissed from the case since her son was covered under the insurance policy. Grover claimed that Olivo was driving inattentively and failed to notice the traffic ahead of him had stopped on the highway. Mr. Olivo stipulated to liability at the time of trial., Two days after the accident, Grover went to a chiropractor with neck and lower back complaints. He subsequently underwent an MRI, which revealed herniated lumbar discs at the L4-5 and L5-S1 levels. Grover treated with 2.5 months of chiropractic care, as well as orthopedic evaluations and pain management consisting of epidural injections and facet blocks. He later moved to West Virginia to begin a medical residency and received more epidural injections. Grover claimed he still experiences lower back pain and discomfort, radiating into his legs, and has been recommended to undergo neurosurgery. He claimed that due to his condition, he cannot stand for long periods of time and had to forego a surgical residency for a family practice. Grover further claimed he has difficulty exercising and playing with his children. Thus, Grover sought recovery of $65,276.82 in past medical costs, $20,000 in future medical costs, $3.2 million in loss of earning capacity, and $500,000 for his pain and suffering. Defense counsel disputed the nature and extent of Grover’s and damages. Counsel argued that Grover’s lower back condition pre-existed the subject accident, and that Grover’s care was unreasonable and unnecessary. Thus, defense counsel asked the jury to award zero damages.
COURT
Superior Court of Riverside County, Riverside, CA

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