Case details

Passenger claimed crash caused need for cervical fusion





Result type

Not present

cervical disc bulge, neck, range-of-motion problems
On Oct. 12, 2013, plaintiff Victoria Sandoval, 54, a former field worker, was a passenger seated in a vehicle operated by plaintiff Josefina Villegas. Sandoval and Villegas were lost and trying to find a relative’s birthday party. As a result, Villegas pulled the vehicle over to the side of the road, in San Bernardino County, so that Villegas could make a phone call. However, while they were stopped, their vehicle was rear-ended by a vehicle operated by Agustin Viera, who was intoxicated. Sandoval claimed to her neck and Villegas claimed minor that had ultimately resolved. Sandoval and Villegas sued Viera, alleging that Viera was negligent in the operation of his vehicle. Villegas settled out of the case. Defense counsel conceded liability on behalf of Viera, who did not appear at trial., Sandoval claimed she sustained a cervical disc bulge at the C5-6 level, requiring fusion surgery. Two days after the incident, Sandoval presented to a hospital with complaints of neck pain, and she was subsequently treated and released. The next day, she presented to a chiropractor, in Ventura, and began treatment. However, Sandoval claimed that when chiropractic treatment failed, she was referred to the Spine & Orthopedic Center for treatment of a cervical disc bulge. She ultimately underwent a cervical fusion at the C5-6 level. Sandoval claimed that she still suffers from pain in her neck, as well as range-of-motion problems. Although she was unemployed at the time of the collision, she previously worked as a field worker. Sandoval claimed that due to her injury, she could no longer return to that profession. The plaintiff’s treating physician, an expert orthopedic surgeon, testified that Sandoval’s neck condition was related to the subject rear-end collision. After being subpoenaed by plaintiff’s counsel, the defense’s expert neurosurgeon opined that the surgery was related to the crash. Defense counsel argued that Sandoval’s alleged neck condition was unrelated to the collision. The defense’s expert orthopedic surgeon opined that Sandoval’s need for neck surgery was unrelated to the subject incident.
Superior Court of San Bernardino County, San Bernardino, CA

Recommended Experts


Get a FREE consultation for your case