Case details

Plaintiff claimed cervical disc bulge from rear-end crash

SUMMARY

$735546.24

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
bulging disc, cervical, fusion, neck, neurological, radiculopathy
FACTS
On Jan. 10, 2011, plaintiff Soledad DeSantiago, 71, a homemaker, was a rear-seat passenger in a vehicle operated by her son, Alberto DeSantiago, on eastbound Van Buren Boulevard in Riverside. (Chris Pedroza, son of Alberto DeSantiago, was also a passenger in the vehicle.) At approximately 9:45 a.m., while approaching a red light at the intersection with Village W Drive, the DeSantiago vehicle was rear-ended by a truck operated by Bryan Montano. Ms. DeSantiago claimed to her neck, lower back, both shoulders, and ribs. Ms. DeSantiago sued Montano and the owning entities of the truck, Armada Trucking and American Towing Service Inc. She alleged that Montano was negligent in the operation of the vehicle and that the truck owners were vicariously liable since Montano was in the course and scope of his employment at the time of the accident. Ms. DeSantiago contended that Montano was inattentive in regards to approaching the red light and made a negligent swerving maneuver before rear-ending her vehicle. She also contended that the impact propelling her vehicle through the intersection and caused the total loss of both vehicles. The defendants admitted liability on the first day of trial., Ms. DeSantiago was taken from the scene of the accident by ambulance and brought to an emergency room with complaints of neck and lower back pain, as well as pain to both shoulder and the anterior rib area. She was subsequently treated for soft-tissue strains and sprains, and followed up for MRIs. DeSantiago was ultimately diagnosed with a bulging cervical disc at the C4-5 level, as well as cervical radiculopathy. On March 26, 2012, she underwent decompression surgery and fusion at C4-5. She also treated with several months of physical therapy. Ms. DeSantiago claimed that while her condition has improved, she still experiences some neck pain and discomfort that cause her to have difficulty with daily activities, such as housekeeping and taking walks with her family. She claimed that as a result, she will require future care, consisting of pain management and medication. Thus, she sought $154,546.24 in past medical costs, $85,000 in future medical costs. She also sought recovery of $1 million in damages for past pain and suffering, and $1 million in damages for future pain and suffering. Defense counsel argued that Ms. DeSantiago had a neck condition that pre-existed the subject accident, as she was seeing a chiropractor for neck pain just weeks before the crash. Counsel also argued that Ms. DeSantiago would have required surgery within five years, regardless of the accident.
COURT
Superior Court of Riverside County, Riverside, CA

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