Case details

Plaintiff claimed crash caused cervical and shoulder injuries





Result type

Not present

back, cervical, cervical disc injury, degenerative disc condition, exacerbation of, fusion, left shoulder, neck
On the morning of March 7, 2011, plaintiff Moon Ja Kim, a 69-year-old widow with two daughters, was driving on Beryl Street when she was rear-ended by a vehicle driven by Myung Sik Suh at the intersection with Flager Lane in Torrance. Both vehicles sustained moderate damages, but Kim claimed her vehicle sustained $5,913.34 in property damage. She also claimed to her neck, back and left shoulder. Kim sued Suh, alleging the defendant was negligent in the operation of her vehicle. Kim claimed Suh caused the collision by travelling at an unsafe speed and at an unsafe distance. Police were not summoned to the scene, as Suh readily admitted fault by stating she fell asleep while driving., Kim recalled that during the accident, her seat belt tightened across her chest, causing her body to be jolted backward and forward with her head striking the headrest. She claimed that she experienced immediate pain following the accident and that although she did not lose consciousness, she felt dazed and confused while at the scene. Kim claimed she suffered pain to her neck, back, and left shoulder after the accident. She alleged that the pre-existing degenerative changes in her neck were exacerbated by the accident, causing the need for cervical surgery by her treating orthopedic surgery expert at Cedars-Sinai Medical Center, in Los Angeles. The procedure consisted of a full corpectomy at C5 and C6, and a fusion at C4-5, C5-6 and C6-7 with a fibular strut graft and the insertion of a plate. In addition, Kim’s left shoulder demonstrated acromioclavicular joint arthropathy, and probably tendinopathy and bursitis. She subsequently treated her shoulder with cortisone injections, but she claimed they were unsuccessful. As a result of her , Kim, now 72, claimed she has strength problems and range of motion limitations, which keep her from performing her activities of daily living, such as cooking and cleaning. She alleged that as a result, she requires daily assistance from an assistant for the purposes of cooking and cleaning for the rest of her life. Thus, Kim sought recovery of $57,641 in medical costs, and approximately $2,000 a month for attendant care for cooking and cleaning only based on a 15.4-year life expectancy. She also sought recovery of damages for her pain and suffering.
Superior Court of Los Angeles County, Los Angeles, CA

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