Case details

Passenger claimed multiple vehicle crash aggravated prior injuries

SUMMARY

$150000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
aggravation of pre-existing condition, back, neck
FACTS
On Oct. 29, 2014, plaintiff Kristina Anderson, a 39-year-old unemployed, disabled woman, was a passenger in a vehicle operated by her husband on Mendocino Avenue, in Santa Rosa. As they approached the intersection with Carrillo Street, a vehicle operated by Samuel Flood rear-ended another vehicle that was behind the Anderson vehicle. That vehicle then rear-ended the Anderson vehicle. Anderson claimed to her neck and back. Anderson sued Samuel Flood and the owner of Samuel Flood’s vehicle, Timothy Flood. Anderson alleged that Samuel Flood was negligent in the operation of his vehicle and that Timothy Flood was vicariously liable for his son’s actions. Samuel Flood was cited for driving at an unsafe speed for the conditions. Liability was not disputed., Anderson claimed that she suffered an aggravation of her prior cervical and lumbar . In 2009 and 2010, Anderson underwent a cervical fusion with instrumentation and a lumbar surgery, causing her to be disabled from working. However, directly following the accident, Anderson was taken to an emergency room, where she complained of increased pain in the area of her pre-existing conditions. However, no new were discovered. Anderson claimed that her prior cervical and lumbar conditions were substantially aggravated by the collision. She ultimately underwent a lumbar fusion in 2017, which she claimed she required as a result of the subject accident. Anderson claimed that although she was previously disabled, the accident caused a decrease in her quality of life because it aggravated her pre-existing conditions. She also claimed that she now requires a cervical fusion as a result of the subject accident. Defense counsel asserted that there was nothing definitive that could be directly related, solely, to the subject accident.
COURT
Superior Court of Sonoma County, Sonoma, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case