Case details

Plaintiff claimed crash caused neck and abdominal trauma





Result type

Not present

abdomen, neck
On Aug. 30, 2011, plaintiff Vicky Reese, 45, a residential loan sales agent, was driving on southbound Anacapa Street, in Santa Barbara, when she entered the intersection with East Carrillo Street. Subsequently, the front of Reese’s vehicle collided with the left side of a vehicle operated by Sergio Mingramm. Reese claimed to her neck and abdomen. Reese sued Mingramm, alleging that Mingramm was negligent in the operation of his vehicle. Specifically, Reese claimed she was traveling at 25 mph when she entered the intersection on a green light. Thus, she claimed Mingramm ran a red light and caused the crash. Plaintiff’s counsel noted that an independent witness claimed that Mingramm ran the light. Mingramm claimed that he was traveling on eastbound East Carrillo Street at 25 mph. However, he claimed he had a green light when he entered the intersection. However, Mingramm ultimately admitted liability at the time of trial., Reese sustained abdominal trauma and was subsequently transferred from the scene of the accident, via ambulance, to Santa Barbara Cottage Hospital, in Santa Barbara, where she was admitted overnight for observation. A CT Scan of the abdomen was positive for a possible mesentery tear around the small bowl. However, there was no injury to the bladder. Reese later developed neck pain while still in the hospital, so CT scans of the brain and neck were performed the following day. The scans were negative for signs of trauma, and Reese was discharged the day after the accident. Reese then received months of chiropractic care, interspersed with massage therapy. Reese claimed that she began to experience an onset of urinary frequency on the date of the accident and that she continues to deal with urinary frequency problems. She also claimed that this condition interrupts her daily living and sleep. As a result, she ultimately sought treatment for her urinary frequency condition 2.5 years after the accident. Thus, Reese sought recovery of $30,000 in past medical costs and $55,000 to $65,000 in future medical costs. She also sought recovery of damages for her past and future pain and suffering. Defense counsel argued that Reese had pre-existing neck pain due to degenerative disc disease and that Reese only suffered muscle spasms in the crash, which should have resolved within three months. Furthermore, defense counsel argued that Reese’s urinary frequency was caused by uterine fibroids (noncancerous growths of the uterus), and not by the accident. Counsel also contended that Reese failed to treat her condition until 2.5 years after the accident.
Superior Court of Santa Barbara County, Santa Barbara, CA

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