Case details
Plaintiff claimed crash caused cervical bulge and radiating pain
SUMMARY
$169289
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
bulging disc, cervical, neck, nerve damage, neurological, neuropathy
FACTS
On July 14, 2010, at approximately 7:30 a.m., plaintiff Sally Gordon, 60, a bookkeeper, was driving north on the 405 Freeway in Irvine when she was rear-ended by a vehicle operated by Morteza Hosseini. Gordon claimed the crash caused to her neck. Gordon sued Hosseini. She alleged the defendant was negligent in the operation of his vehicle. Specifically, Gordon claimed that she was in stop-and-go traffic, traveling at a moderate rate of speed, when Hosseini struck her. Thus, she claimed that Hosseini was negligent for driving inattentively and causing the accident. Hosseini admitted liability for the accident, and the matter proceeded to a trial on causation and damages., Gordon claimed she injured her neck in the accident. She also claimed police were called to the accident scene, but they never appeared. The day after the accident, Gordon went to a chiropractor, whom she treated with for five months. She then treated with an orthopedist from December 2010 through July 2012, and was prescribed pain medication and physical therapy. In April 2011, Gordon treated with a neurologist. She underwent a MRI of her neck, which revealed a cervical disc bulge at the C5-6 level. As a result, Gordon underwent a nerve-block procedure, but it was determined that she had nerve damage at C5-6. She then underwent pain management from May 2011 through April 2012, and also treated with a neurosurgeon through June 2012. Gordon claimed continued neck pain and left trapezius muscle pain, causing residual pain in her left arm and radiating numbness and tingling into her left hand. She claimed that as a result, she is now restricted from heavy lifting. Gordon alleged that she will require life-long pain management and injections to treat her continued pain. Thus, Gordon sought recovery of damages that included $53,289 for her past medical costs and $320,000 for her future medical costs. She also sought recovery of $1 million in general damages. Defense counsel contested the severity of Gordon’s . The defense’s orthopedic expert opined that Gordon sustained no more than a strain/sprain, which should have resolved after eight weeks of chiropractic care. The expert further opined that Gordon’s hand and arm symptoms were from carpal tunnel syndrome.
COURT
Superior Court of Orange County, Santa Ana, CA
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- brain
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