Case details

Plaintiff claimed collision caused radiating neck pain




Mediated Settlement

Result type

Not present

neurological, radicular pain, radiculitis
On March 31, 2014, plaintiff David Yebri, 55, a pharmacist, was waiting to make a right turn onto a two-way access road that runs north and south near the exit of a Costco located on Paseo Mercado, in Oxnard. At the same time, Robert Worcester was driving south on the two-way access road when he got into the left turn lane in anticipation of making a left turn into the Costco parking lot. As Worcester entered the northbound lane during his turn, he stopped abruptly because a northbound Enterprise Rent-a-Car vehicle driven by Timothy Fedderson was fast approaching and Worcester believed a collision was imminent if he continued with his turn. As a result, Fedderson swerved his vehicle in an attempt to avoid a collision with Worcester. Fedderson lost control of his vehicle and slammed into the left, front of Yebri’s stopped vehicle. The impact was with sufficient force to push Yebri’s vehicle onto the opposing curb and brake off a part of the front, right wheel. Yebri also claimed to his head and neck. Yebri sued Worcester and Fedderson, alleging the defendants were negligent in the operation of their respective vehicles. Although Worcester and Fedderson never collided with each other, plaintiff’s counsel contended that both defendants were negligent in their attempts to avoid each other and subsequently caused the collision with Yebri’s vehicle., Yebri claimed that after the subject collision, he began to experience constant symptoms in his neck, shoulders, arms, and hands, which were not present before. Specifically, he complained of pain to his head and neck, with pain radiating into his upper back, shoulders and arms. Yebri subsequently underwent two cervical spine surgeries, which was performed by an orthopedic spinal surgeon and the plaintiff’s treating neurosurgery expert. Yebri claimed that since his surgeries, his pain has decreased, but that he still has issues with manual dexterity and weakness in his arms and hands. He alleged that as a result, additional physical therapy was recommended for over his lifetime. He alleged that his recommended future treatment also includes MRIs to monitor the C6-7 disc and additional epidural injections to the cervical spine, if his pain becomes unbearable. Thus, Yebri sought recovery of $175,879.07 in medical costs. He also sought recovery of damages for his past and future pain and suffering.
Superior Court of Ventura County, Ventura, CA

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