Case details

Pickup truck failed to stop prior to intersection, plaintiffs alleged

SUMMARY

$4750000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
back, bulging disc, cervical, cervical disc injury, fusion, lumbar, neck, neurological, radiculopathy
FACTS
On Aug. 30, 2016, plaintiff Michael Moore, 60, a self-employed general contractor, was driving a pickup truck on southbound State Route 41, also known as the Robert and Pat Nimmo Memorial Highway, in Templeton, with his wife, plaintiff Marlena Moore, 59, as a front seat passenger. As they were approaching the intersection with Homestead Road, their vehicle was broadsided by a pickup truck operated by Raul Gaytan, who was eastbound on Homestead Road. The Moores each sustained to their backs. The Moores sued Gaytan and the owner of Gaytan’s vehicle, ISCO Industries Inc. The Moores alleged that Gaytan was negligent in the operation of his vehicle and that ISCO Industries was vicariously liable for Gaytan’s actions, as it gave express permission for Gaytan to operate the pickup truck. Plaintiffs’ counsel contended that Gaytan entered the intersection without stopping at the designated stop sign and that Gaytan failed to yield the right of way to the Moores, who were lawfully in the intersection at the time of the crash. Gaytan claimed that there was an issue with the brakes on ISCO Industries’ vehicle, which resulted in the unavoidable collision., The Moores presented to a hospital after the collision. Mr. Moore sustained a 5 millimeter bulging lumbar disc at the L3-4 level, and 2 to 3 millimeter bulging lumbar discs at the L4-5 and L5-S1 levels. He underwent physical therapy, chiropractic treatment, pain management, epidural injections, and in home care. He ultimately underwent an L5-S1 discectomy, an L4-5 discectomy, an L5-S1 fusion, an L4-5 fusion, a L5 corpectomy, graftings of an interbody cage (manufactured by Renovis) at the L4-5 and L5-S1 levels, and realignment of L5-S1 with disc space distraction. Mr. Moore also had a spinal cord stimulator implanted. Mr. Moore claimed that although the surgeries and spinal cord stimulator help with the pain, he continues to face difficulties with daily chores and tasks. He also claimed that he will need future medical care, which, according to his life care plan, includes, but is not limited to, visits to an internist/family practice, a pain management specialist, a neuropsychiatrist for medication management, a neurologist, a spine specialist, a urologist, a neuro-otologist, an otorhinolaryngologist, and an audiologist. He also claimed that his life care plane indicated that he will require a spinal cord stimulator replacement in 10 years. Ms. Moore sustained a 5 millimeter bulging lumbar disc at L2-3, a 4 to 5 millimeter bulging lumbar disc at the L3-4 level, and a 3 to 4 millimeter bulging lumbar disc at the L4-5 level. She was also found to have bilateral cervical radiculopathy at the C5 and C6 levels, resulting in right median mononeuropathy, whichis a type of damage to a nerve outside the brain and spinal cord. Ms. Moore underwent physical therapy, chiropractic treatment, pain management, epidural injections and in-home care. She also treated her lumbar with medial branch block injections with infusion of a contrast agent and a local anesthetic bilaterally at the L2, L3 and L4 levels; a posterior rami branch block injection with infusion of a contrast agent and a local anesthetic bilaterally at the L5 level. Ms. Moore then underwent surgery on her lumbar spine, which consisted of a right, far lateral decompression/discectomy at the L3-4 level; a right L4 foraminotomy; a right L4 neurolysis; and a right L3-4 lateral facetectomy/osteotomy. In addition, she treated her cervical with decompression and a lateral mass instrumentation/fusion at the C4-5, C5-6 and C6-7 levels. Ms. Moore claimed that although the surgeries help with the pain, she continues to face difficulties with her daily chores and tasks. She also claimed that she will need future care, which, according to her life care plan, included, but is not limited to, visits with a physiatrist/pain management specialist, a psychiatrist, a neurologist, an orthopedic surgeon/spin specialist, and a personal care attendant following each spinal surgery. She also claimed that she will require medication management, physical therapy, individual counseling and conjoint counseling. Defense counsel disputed the necessity of many of the Moores’ treatments and surgeries.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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