Case details

Plaintiff claimed crash caused injuries to teeth and back

SUMMARY

$2894226.73

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, front teeth, hips, knees, lower back, neck, shoulders, soft-tissue injuries
FACTS
On April 15, 2013, plaintiff Allison Bradley, 26, a dog trainer and barista, was in heavy traffic, driving north on Hazel Avenue, in Sacramento, when she was rear-ended by a Ford F-250 pickup truck owned by Bassco Services Inc. and operated by its employee, Charles Scheulke. Bradley claimed to her front teeth and lower back. Bradley sued Scheulke and Scheulke’s employer, Bassco Services Inc. Bradley alleged that Scheulke was negligent in the operation of the company pickup truck and that Bassco Services was liable for Scheulke’s actions. Scheulke was ultimately dismissed from the case prior to trial. Bassco Services initially disputed liability, but ultimately stipulated to liability two weeks before trial., Bradley struck her face against the car’s steering wheel, causing her to lose five of her lower, front teeth. She also claimed she suffered minor, soft-tissue to her neck, shoulders, back, hips, and knees. Bradley was subsequently taken by ambulance to the emergency room at Mercy Hospital of Folsom, where she was treated and released. Six weeks after the collision, Bradley began to complain of lower back pain. Following diagnostic testing, she was diagnosed with a lumbar disc herniation at the L5-S1 level. Bradley underwent physical therapy, which is ongoing, and consulted with an orthopedic surgeon and neurosurgeon. She also underwent pain management care, consisting of three epidural steroid injections to her lumbar spine and one course of lumbar facet injections. In addition, Bradley treated with her dentist and underwent dental implant surgery to replace her missing teeth. Bradley claimed that despite treatment, she continues to suffer chronic pain to lower back and is unable to enjoy recreational activities, such as running, hiking, or weightlifting. She alleged that as a result, she continues to take prescription, anti-inflammatory medications in order to treat her pain. The plaintiff’s treating orthopedist confirmed Bradley’s lumbar disc herniation and opined that Bradley would eventually require a global lumbar fusion procedure. The plaintiff treating physical medicine specialist testified that Bradley would also require further injection therapy. The plaintiff’s dentistry expert testified that Bradley’s tooth loss was related to the accident and that Bradley would require a replacement bridge every 20 years. Thus, Bradley sought recovery of $3.2 million in total damages. Defense counsel disputed causation and damages. Counsel conceded that Bradley’s facial were causally related to the collision, but argued that Bradley’s lower back condition was exaggerated and unrelated to the crash. Counsel further argued that Bradley’s lumbar complaints were not mentioned in her treatment records until many weeks after the date of collision. In addition, defense counsel presented 10 minutes of surveillance footage, recorded over 60 hours, which allegedly showed Bradley performing activities such as working out at the gym and carrying groceries. The defense’s expert orthopedic surgeon testified that there was no indication that Bradley’s lumbar disc herniation was caused by the collision or that there was any need for a future lumbar fusion.
COURT
Superior Court of Sacramento County, Sacramento, CA

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