Case details
Passenger claimed rear-ender caused knee tears
SUMMARY
$132003.63
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, cervical, chondromalacia, chondromalacipatella, disc protrusion, knee, lateral meniscus, medial meniscus, neck, right knee, tear
FACTS
On Jan. 24, 2011, plaintiff Ulber Villegas, 24, a gardener, was a right, rear seat passenger in a sport utility vehicle operated by his friend, Jorge Villa, traveling on eastbound State Route 58. At approximately 4:25 p.m., they slowed for approaching traffic in the left (number 2) lane and were rear-ended by a vehicle operated by Stephen Mangeon. The force of the impact pushed Villa’s vehicle into a third vehicle, a pickup truck. Villegas claimed to his neck, back, and right knee. Villegas sued Stephen Mangeon and the registered owner of the vehicle, Rebecca Mangeon. Villegas alleged that Mr. Mangeon was negligent in the operation of his vehicle and that Ms. Mangeon was vicariously liable for Mr. Mangeon’s actions. Villegas contended that Mr. Mangeon rear-ended Villa’s SUV at a high rate of speed, resulting in a significant impact that caused both vehicles to be towed. Mr. Mangeon admitted liability at deposition, and the matter proceeded to a trial on causation and damages., Villegas claimed he suffered medial and lateral meniscus tears of the right knee, a cervical disc protrusion, and a soft-tissue strain and sprain of his back. After the accident, Villegas presented to the Emergency Department at San Joaquin Community Hospital in Bakersfield with complaints of pain to his back, neck and right knee. He was subsequently prescribed Soma and Vicodin. He was also told to put ice on the back of his neck and to put heat on the area for 30 minutes, three times a day. However, when his symptoms allegedly persisted and worsened, Villegas presented to Bender Chiropractic in Bakersfield on Feb. 2, 2011, and was diagnosed with sprains and strains of his cervical, lumbar and thoracic spine, as well as a sprain and strain of his right knee. As a result, the plaintiff’s chiropractic expert prescribed spinal manipulation, electrical stimulation, an ultrasound, cryotherapy (including hot packs and cold packs), manual therapy techniques, and use of a cervical pillow. On March 25, 2011, Villegas underwent MRI studies, which revealed a 2-millimeter cervical disc protrusion at the C6-7 level and probable tears of the right knee’s medial and lateral menisci. He then presented to the plaintiff’s orthopedic surgery expert and continued treating his condition conservatively with his chiropractor. However, when Villegas continued to complain of neck and back pain, resulting in spasms, numbness and sleeping difficulties, as well as right knee pain rating a 6 on a scale of 10, as well as a loss of range of motion to his knee, his expert orthopedic surgeon ordered another MRI, which was performed on April 16, 2013. This MRI revealed a complex tear of the lateral meniscus of his right knee with subluxation. The orthopedic surgeon reviewed the MRI and determined that Villegas had medial and lateral meniscus tears, and chondromalacia of the right knee’s patella. As a result, Villegas underwent arthroscopic meniscal repair surgery on April 18, 2014. Villegas alleged that he will ultimately require a total knee replacement. Thus, he sought recovery of $72,623.87 in past medical costs, $80,000 in future medical costs and $6,600 in past lost earnings. He also sought recovery of damages for his past and future pain and suffering. Defense counsel disputed the nature and extent of Villegas’ alleged and damages, arguing that Villegas was not seriously injured in the accident.
COURT
Superior Court of Kern County, Bakersfield, CA
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