Case details

Passenger claimed four cervical bulges in rear-ender





Result type

Not present

bulging disc, cervical, neck
In 2008, plaintiff Maria Montes, early 40s, a homemaker was a passenger in a sport utility vehicle, in Riverside, when she was rear-ended by a raised SUV with a modified front bumper system driven by Christopher Morrissey. Montes claimed a neck injury. Montes sued Morrissey for motor vehicle negligence. Defense counsel conceded liability on the first day of trial, thus the case proceeded on causation and damages only. , Montes did not go to the emergency room following the accident because of lack of money and health insurance. She did not see a chiropractor until 40 days after the collision.She claimed cervical bulges at four levels. She underwent conservative care including chiropractic manipulation, MRIs, a visit with an orthopedist and acupuncture. Montes claimed that she accumulated about $11,000 in past medical costs. She said she would need conservative care costing about $2,000 a year for the next 20 years. Montes contended that as a result of her she is in daily pain and her sleep is often disturbed. Her sex life has been affected as well. Montes also stated that favorite activities such as swimming have been curtailed. She sought about $315,000 in damages. Montes’ husband, Adrian dropped his loss-of-consortium claim about 18 months prior to trial. Defense counsel maintained that Montes would have suffered at most $4,000 in medical costs. Defense counsel argued Montes did not suffer the severe she claimed. The defense expert in accident reconstruction said the collision generated between 2 mph to 3 mph delta V therefore, the accident did not generate sufficient force to cause the claimed . Defense counsel noted that the accident caused only about $1,400 worth of total damage to the plaintiff’s vehicle.
Superior Court of Riverside County, Riverside, CA

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