Case details

Plaintiff claimed crash caused head and neck problems

SUMMARY

$57500

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, head, headaches neck, neck, nerve impingement, neurological, whiplash
FACTS
On July 19, 2016, plaintiff William Baker, 67, a data-entry manager, was driving through the intersection of Deere and Red Hill avenues, in Irvine, when the passenger’s side, front quarter panel of his vehicle was broadsided by the front end of a vehicle operated by Maria Ramos. Baker claimed to his head and neck. Baker sued Ramos, alleging that Ramos was negligent in the operation of her vehicle. Ramos admitted liability., Following the incident, Baker told police and bystanders he was fine, and then called his work for a ride. Baker claimed that once he got back to work, he felt the effects of the collision, so his wife took him to an urgent-care facility. He claimed he sustained whiplash-type , including a neck sprain and/or strain, and a cervical nerve impingement, causing permanent and intermittent pain to the rear/occipital area of his head. Baker underwent comprehensive physical therapy and took pain medication. He claimed the physical therapy initially helped, but he plateaued. As a result, he ended up getting three sets of occipital nerve blocks, injections to the back of his head, to help manage his pain symptoms. Baker claimed that the injections wore off. His treating orthopedic surgery expert opined that in order for Baker to manage his pain symptoms, Baker will have to continually get nerve blocks two to three times per year for the rest of his life. Baker alleged that his intermittent, occipital-type headaches had a negative impact on his enjoyment of life, as he is in his “golden years” and is semi-retired after working 30 years in the oil industry. He loves gardening and reading, but he claimed his chronic headaches prevent him from being able to enjoy those things to the extent that he once did. He also claimed his chronic headaches effect all aspects of his life and are easily triggered when he rotates his head in certain ways. Defense counsel argued that Ramos’ negligence did not cause many of the that Baker claimed. The defense’s orthopedic surgery expert opined that Baker’s headaches were not caused by the incident. The expert also opined that Baker only suffered chest and rib pain from the seat belt, and nothing more. In response, plaintiff’s counsel noted that the defense’s expert orthopedic surgeon overlooked Baker’s headache complaints in his reports and focused on the fact that Baker only had intermittent neck pain. As a result, plaintiff’s counsel moved for a directed verdict as to substantial factor, as the defense admitted that Ramos’ negligence at least caused pain to Baker’s chest and shoulder area, where the seat belt was located. Judge Nathan Scott granted plaintiff’s counsel’s motion for a directed verdict as to substantial factor.
COURT
Superior Court of Orange County, Orange, CA

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