Case details

Plaintiff alleged rear-ender exacerbated arthritic conditions





Result type

Not present

aggravation of pre-existing condition shoulder, arthritis, knee
At approximately 2:30 p.m. on April 20, 2009, plaintiff Glen Rader, 82, a crane operator, stopped his vehicle on Whittier Boulevard in Whittier to allow another vehicle make a turn into a fast food drive-through. While stopped, he was rear-ended by a vehicle operated by Reginald Freeman. Rader claimed to his right knee and shoulder. Rader sued Freeman. He alleged the defendant was negligent in the operation of his vehicle. Specifically, he claimed that Freeman was driving inattentively and failed to stop his vehicle on time to avoid the collision. Freeman admitted liability for the accident., A few days after the accident, Rader treated with his private doctor for pain to his right, dominant shoulder and right knee. He was then referred to an orthopedist and diagnosed with exacerbations of pre-existing arthritic conditions, allegedly induced by trauma. He subsequently treated with chiropractic care for three months. Rader claimed he has residual pain and discomfort in his shoulder and knee, which has prevented him from getting in and out of a crane. He alleged that as a result, he has not, and cannot, return to work. Rader also claimed that his orthopedist recommended possible knee surgery, but that he declined the option. Thus, Rader sought recovery of $18,094 in damages for past medical costs, $74,000 in damages for lost earnings, and an unspecified amount of damages for his past and future pain and suffering. Defense counsel argued that the subject rear-ender was of zero impact, as Rader sustained no property damage to his vehicle. Counsel further argued that all of Rader’s were pre-existing and contended that the plaintiff would not have worked much longer due to his advanced age.
Superior Court of Los Angeles County, Norwalk, CA

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