Case details

Multiple-vehicle rear-ender caused shoulder injury: plaintiff

SUMMARY

$75000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, injury, neck, rotator cuff, sprains shoulder, strains, tear
FACTS
On the early morning of March 11, 2011, plaintiff Monica Bell, 55, a human resources representative, was driving on Dale Street in Anaheim. While stopped for a red light at the intersection with West Lincoln Avenue, Bell was involved in a three-vehicle rear-end collision, in which her vehicle was struck by a vehicle operated by Penelope Fredenburg, who was previously struck by a vehicle operated by Julia Game. Bell claimed to her neck, lower back, and left shoulder. Bell sued Julia Game; the owner of Julia Game’s vehicle, Pamela Game, Julia Game’s mother; Penelope Fredenburg; and the owner of Ms. Fredenburg’s vehicle,William Fredenburg. Bell alleged that Julia Game and Ms. Fredenburg were negligent in the operation of their respective vehicles. She also brought claims of negligent entrustment and/or permissive use liability against Pamela Game and Mr. Fredenburg. The Fredenburgs were ultimately dismissed from the case and the Games agreed to tender their insurance policy limits of $15,000. Bell then sought further recovery via the supplementary-underinsured-motorist provision of her own insurance policy, which was administered by Esurance Insurance Services Inc., Later on the day of the accident, Bell went to a chiropractor for treatment of alleged strains and sprains of her neck and back. She was also diagnosed with a torn rotator cuff in her left, non-dominant shoulder. Bell subsequently treated conservatively with chiropractic care and physical therapy. Bell claimed that while her neck and back have resolved, she still undergoes chiropractic care and physical therapy, and requires surgery on her left shoulder. She alleged that her shoulder injury has restricted certain activities, including playing with her grandson. She also alleged she had to miss some work for doctor appointments and treatment. Thus, Bell sought recovery of $10,500 in past medical costs, $700 in past lost earnings, and an unspecified amount for her future medical costs, and past and future pain and suffering.
COURT
Superior Court of Orange County, Santa Ana, CA

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