Case details

Plaintiff claimed broadside crash caused spinal injuries

SUMMARY

$36678

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
bulging disc, cervical, neck
FACTS
On the morning of July 24, 2009, plaintiff Lady Natalia Salazar, 24, an administrative assistant, was driving west on Agostino Road in San Gabriel. While driving through the intersection of South Pine Street, Salazar was broadsided by a vehicle operated by Nancy Mark, who was attempting a U-turn from the westbound lane to the eastbound lane of Agostino Road. Salazar claimed to her neck and back. Salazar sued Mark, alleging that the defendant was negligent in the operation of her vehicle. Specifically, she claimed that Mark failed to yield to oncoming traffic. Mark admitted liability for the accident, and the matter proceeded to a trial on causation and damages., Two days after the accident, Salazar went to an urgent care facility with complaints of to her neck and back. She was diagnosed with soft-tissue strains and sprains and followed up with her primary care physician at Kaiser. In August 2009, Salazar began a course of physical therapy and pain management with Kaiser that lasted through June 2011. She further treated with an orthopedist and a neurologist in 2011 through 2012. Salazar claimed she sustained a 1.5 to 2 millimeter cervical disc bulge at the C5-6 level as a result of the accident. She alleged that despite treatment, she suffers from disc-related minor nerve irritation and myofascial pain syndrome, resulting in residual pain and spasms in her neck and back. She claimed that as a result, she will require treatment consisting of pain management and medication. Salazar missed sporadic work days for treatment, and claimed that she is now limited in physical activity, including hiking, dancing, snowboarding and wakeboarding. Thus, she claimed $18,298 in past economic damages, $26,900 in future medical costs, and $87,600 to $109,500 in past and future pain and suffering. The defense’s biomechanical expert testified that the accident’s relative impact speed was 6 to 7 mph, and that the forces were insufficient to cause Salazar any serious injury. Thus, defense counsel argued that Salazar suffered only mild strains and sprains that should have resolved within six to eight weeks. Counsel further argued that there were no objective signs of injury, and that Salazar’s total medical bills related to the accident should not exceed $5,000.
COURT
Superior Court of Los Angeles County, Pasadena, CA

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