Case details
Plaintiff alleged rear-end crash aggravated prior back injuries
SUMMARY
$26499
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
annular tear, back, disc protrusion, hips, legs, lumbar neck, neck, neurological, radicular pain, radiculitis
FACTS
On June 29, 2012, at approximately 2:45 p.m., plaintiff Alfredo Cuevas, 33, a pharmaceutical territory salesperson, was stopped for traffic in his 2012 Chevrolet Equinox on westbound Interstate 580, in Pleasanton, when he was rear-ended by a 2007 Ford Fusion operated by Sladjana Stjepanovic, who was traveling between 15 and 25 miles per hour at the time of impact. Cuevas claimed to his back, neck, hips, and legs. Cuevas sued Stjepanovic, alleging the defendant was negligent in the operation of the Ford Fusion. Stjepanovic did not dispute liability., Cuevas claimed to his back, neck, hips, and legs. Specifically, he claimed the accident caused lumbar disc protrusions, including a 2-millimeter protrusion at the L4 level and an annular tear in his spine with accompanying lumbar radicular pain into the groin. Cuevas subsequently presented to an emergency room the following day. Cuevas previously made complaints of groin and back pain to medical providers, and underwent chiropractic treatment. However, he claimed his were aggravated by the subject accident, causing the protrusions. Following the collision, Cuevas consulted with several physicians, who ordered imaging and an EMG, and recommended physical therapy. Cuevas’ physicians also recommended injections and pharmaceuticals. Thus, plaintiff’s counsel asked the jury to award Cuevas between $50,000 and $100,000 in damages, including $3,583 in past lost wages for two weeks of missed work immediately following accident and $14,579 in past medical expenses. Defense counsel argued that Cuevas’ and symptoms were due to pre-existing conditions, as Cuevas had multiple complaints of pain to his back and groin prior to the subject accident. Counsel also contended that radicular pain into the groin is only possible if it came from the L2 or L3 levels, and not from the L4 level, where Cuevas claimed the protrusion was.
COURT
Superior Court of Alameda County, Oakland, CA
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