Case details

Plaintiff blamed back, neck, shoulder injuries on rear-ender





Result type

Not present

back, herniated disc
On Oct. 16, 2009, plaintiff Kyle Barrick, 24, an apprentice drywall hanger/framer, was driving on Atlanta Avenue in Huntington Beach. While stopped for a red light, Barrick was rear-ended by a vehicle operated by Steve Rendon. Barrick claimed to his neck, back and right shoulder. Barrick sued Rendon. He alleged that Rendon was negligent in the operation of his vehicle, causing the accident and his personal . Barrick claimed the impact occurred at a substantial speed. Rendon admitted liability for the accident. , Barrick first treated with a doctor two and a half weeks after the accident, with complaints of neck, back and right shoulder pain. He underwent MRIs that revealed herniations at L3-4 and L4-5. A right shoulder X-ray was unremarkable. Barrick was recommended physical therapy, but chose to treat his with a pain management specialist. His pain management specialist/expert recommended a discogram study with percutaneous disc decompression at an estimated cost of $42,000, as well as future stabilizing back surgery at an estimated cost of $110,000. Barrick missed one day of work and sought $295.36 in lost earnings. He further sought damages for loss of earning capacity, alleging he could no longer work as an apprentice drywall hanger/framer as his forced him to quit. He also claimed that since the accident, he has never returned to surfing, running or snowboarding. Rendon claimed an investigation into Barrick’s prior medical history revealed substantial impeachment of Barrick’s claims. Barrick claimed he was in the “best health of his life” at the time of the accident, but Rendon claimed that medical records revealed that he was less candid about his pre-accident and post-accident medical history.
Superior Court of Orange County, Santa Ana, CA

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