Case details

Plaintiff claimed auto accident exacerbated sexual dysfunction





Result type

Not present

back, herniated disc, lumbar, neck, neurological, radiculopathy
On May 11, 2015, plaintiff Paul Hayes, a transit bus’s driver, was driving on the southbound side of Interstate 710, in Long Beach. His bus was struck by a police vehicle operated by Robert Cruz. Hayes claimed that he suffered an injury of his back. Hayes sued Cruz and Cruz’s employer, the city of Long Beach. Hayes alleged that Cruz was negligent in the operation of his vehicle and that the city was vicariously liable for Cruz’s actions. Hayes’ counsel contended that Cruz lost control of his vehicle after falling asleep while entering the on-ramp for southbound Interstate 710. Counsel contended that Cruz struck a containment wall, ricocheted across all of the interstate’s southbound lanes and crashed into Hayes’ bus. Counsel further contended that Cruz was driving at unsafe speeds even though Cruz knew that he was not in any condition to drive the police cruiser. Defense counsel conceded liability., Hayes claimed that he sustained a herniated lumbar disc, resulting in radiculopathy. He also claimed that the lower back herniation exacerbated his pre-existing sexual dysfunction. Hayes admitted that he a history of sexual dysfunction, but he claimed that it became worse after the accident. He also admitted that he had significant, pre-existing to his knees, hips, shoulders and neck that had him on disability for approximately two years and that he only had one or two minor lower back complaints before the subject accident. However, Hayes claimed that he had been back to work for three weeks when the accident occurred. Hayes then complained of hip pain and numbness down his legs within a few days of the subject accident, but did not complain of lower back pain until three months later. He ultimately underwent four surgeries to his lower back. Plaintiff’s counsel contended that Cruz was the sole cause of Hayes’ and damages. Hayes waived all damages, other than those regarding his lower back herniation and the exacerbation of his sexual dysfunction. He sought recovery of $347,208.30 in medical costs and an unspecified amount for his future medical costs. Hayes also sought recovery of damages for his past and future pain and suffering. Defense counsel disputed all of Hayes’ and damages, arguing that the force of the impact was not significant enough to have caused Hayes’ alleged . Specifically, counsel contended that the forces of the accident were minimal since Hayes was in a 33,000-pound bus and Cruz was in a 4,000-pound car. Defense counsel also argued that all of Hayes’ alleged were pre-existing and that Hayes’ post-accident complaints were all related to pre-existing problems. Counsel contended that Hayes’ back had severe degenerative problems and a congenital abnormality and that because Hayes made no complaints about his lower back for three months, Hayes’ back complaints were related to the pre-existing degenerative condition. In addition, defense counsel contended that Hayes had been taking Viagra and other drugs for sexual dysfunction for years and that all of Hayes’ sexual dysfunction and radiating symptoms were due to his out-of-control diabetes.
Superior Court of Los Angeles County, Los Angeles, CA

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