Case details

Parking lot accident caused spinal injuries, plaintiff claimed





Result type

Not present

anxiety, back, bulging disc, cervical, cervical disc displacement, communicative, disc protrusion, head, headaches, lumbar, mental, neck, nerve damage, neurological, neuropathy, psychological, sensory, speech, whiplash
On Jan. 18, 2011, plaintiff Taylor Tobias, 24, a beauty supply salesman, went to the Villages at Westlake shopping center in Thousand Oaks. While Tobias was driving through the parking lot, the passenger side of her vehicle was struck by a vehicle operated by Jennifer Grossman, who was backing out of a parking spot. Tobias claimed to his neck and back. Tobias sued Grossman, alleging the defendant was negligent in the operation of her vehicle. Tobias contended that Grossman caused the collision by not paying attention while backing her vehicle out of its parking space. Grossman claimed that Tobias was partially at fault for the accident by not being aware of his surroundings. Specifically, Grossman claimed that Tobias was negligent for failing to look for vehicles backing out of parking spaces., Tobias claimed he suffered whiplash from the accident. He underwent multiple MRIs and EMGs, which revealed disc protrusions at the C4-5 and C6-7 levels, as well as a 4-millimeter disc bulge at L5-S1. Tobias claimed that his caused bouts of migraine headaches, aphasia, weakness, vomiting, anxiety, and tingling/numbness radiating into both his arms and fingertips. He subsequently received a series of nerve blocks, epidural injections, and facet injections from June 2011 through November 2011. On Nov. 29, 2011, he underwent a rhizotomy. Tobias also underwent a lumbar spine puncture, also known as a spinal tap, on May 3, 2012, a cervical disc replacement at C4-5 on June 28, 2012, and a trigger point injection on July 17, 2012. Tobias claimed ongoing nerve damage to his spine. Thus, he sought recovery of $800,000 in total damages, including $86,000 in past medical costs (based on the Howell reduction). Defense counsel argued that the accident could not have caused the forces necessary to cause the Tobias allegedly sustained. Counsel contended that Tobias had a long history of chronic infections, which the defense’s medical expert believed were the source of many of Tobias’ symptoms.
Superior Court of Ventura County, Ventura, CA

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