Case details

Plaintiff claimed accident caused shoulder injuries




Mediated Settlement

Result type

Not present

brain, concussion, fracture, head, left shoulder, mental, right knee, scapula, shoulder, shoulder impingement
On July 22, 2011, plaintiff Jashua Clyburn, 22, a bartender, was stopped at a stop sign at the intersection of Sunrise Boulevard and Mesa Avenue, in Sacramento, when his vehicle was struck on the front driver’s side by a vehicle operated by Martha Slater, who lost control of her vehicle while driving northbound. The collision caused Clyburn’s vehicle to roll over and allegedly caused to Clyburn’s head, right knee, and left shoulder. Clyburn sued Martha Slater and the co-owner of Ms. Slader’s vehicle, Jerome Slater. Clyburn alleged that Ms. Slader was negligent in the operation of her vehicle and that Mr. Slader was vicariously liable for Ms. Slader’s actions. Mrs. Slater ultimately passed away, so her estate was added as a defendant. The defendants did not deny liability., Immediately after the accident, Clyburn was seen in an emergency room and diagnosed with bruises to his right knee and left, non-dominant shoulder. He was also diagnosed with a concussion. Four days after the accident, Clyburn was seen at Allmed Medical Center, in Sacramento, with complaints of dizziness, and of pain in his left shoulder, head, neck and back. He was subsequently diagnosed with sprain-and-strain , muscle spasms and headaches. Clyburn also claimed he suffered from post-concussive syndrome. On July 29, 2011, Clyburn had a left shoulder MRI, which indicated a fracture of the base of the coracoid process of the left scapula and a Type III acromion with narrowing of the subacromial space. He was initially treated with physical therapy and shoulder immobilization, but after the conservative treatment provided only minimal relief, Clyburn underwent an open distal clavicle resection on June 26, 2012. Clyburn claimed that, post-operatively, he had decreased pain, but that his pain never subsided. He also claimed that although he had improvement with his range of motion, he did not regain full range of motion. Clyburn was subsequently diagnosed with impingement of his left shoulder with calcific tendonitis on April 19, 2013. He was treated with a steroid injection and physical therapy. After only slight improvement, one of his physicians, on Aug. 9, 2013, recommended revision surgery for pain relief. However, Clyburn never had the surgery. Clyburn sought recovery of $120,000 in past medical costs, $60,000 in future medical costs and $50,000 in income loss. He also sought recovery for his pain and suffering. Defense counsel disputed the nature and extent of Clyburn’s . The defense’s expert orthopedic surgeon opined that Clyburn sustained an acromioclavicular joint strain, a possible Grade I or II acromioclavicular separation, and a non-displaced fracture at the base of the coracoid process, as well as sprain/strain to the cervical and lumbar spine. The expert agreed that an open distal clavicle resection was appropriate, but opined that Clyburn’s shoulder problems were all pre-existing and that the surgeries were not the result of any alleged Clyburn may have suffered in the subject accident.
Superior Court of Sacramento County, Sacramento, CA

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