Case details

Plaintiff claimed crash caused neck and back herniations

SUMMARY

$34027.9

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, herniated disc, neck, neurological, radiculopathy
FACTS
On Feb. 17, 2015, plaintiff Paige Baker, 22, a saleswoman and artist, was driving on Sixth Street, in Los Angeles, when a truck operated by Stewart Flores, who was driving in the adjacent, left lane, attempted to make a right turn onto Grand Avenue. Flores sideswiped Baker’s sedan, allegedly causing to Baker’s neck and upper back. Baker sued Flores and the owner of the truck, JCL Traffic Services. Baker alleged that Flores was negligent in the operation of his truck and that JCL Traffic Services was vicariously liable for Flores’ actions. Flores and JCL Traffic Services conceded liability, and the matter proceeded to a trial that addressed causation and damages., Baker claimed that she sustained herniated cervical and thoracic discs at the C5-6 and T7-8 levels. She also claimed radiculopathy in her right upper extremity. Baker first sought treatment with a chiropractor three days after the accident. She initially received a few months of chiropractic treatment and was prescribed pain medication, which she continues to take. She also received one injection to her upper back and two injections to her neck. The thoracic injection took place in 2015, while the cervical injections took place in 2016 and 2019. Baker’s treating orthopedic surgeon opined that Baker would eventually need fusion surgery to her neck. Baker also claimed that she would need future therapy and injections. The plaintiff’s biomechanics expert opined that the forces involved in the crash were sufficient to cause Baker’s . The expert specifically alleged that the delta-V was 1 to 2 mph. Baker claimed that because of her injury, she is not able to go horseback riding for extended periods of time or do any jumps on horses. She also claimed that she cannot hang out with her friends for as long as she did in the past. Baker noted that while she still works as a paid artist, it is hard for her to draw for extended periods of time. Baker sought recovery of past and future medical expenses, and damages for her past and future pain and suffering. She specifically sought $14,027.90 in past medical expenses and $390,000 in noneconomic damages. Defense counsel implied that Baker was not really hurt in the crash, but was actually addicted to pain medication. Counsel also presented social media photos of Baker modeling lingerie and used the pictures to further question the severity of Baker’s . Counsel also disputed the radiculopathy claim by alleging that the site of Baker’s right arm pain was not the location of the C5-6 nerve root. The defense’s expert orthopedic surgeon opined that Baker was not injured in the accident. The defense’s expert radiologist similarly opined that there were no herniated discs in Baker’s spine. The defense’s expert biomechanical engineer opined that the forces of the crash would not have caused any injury to Baker. Specifically, the expert opined that the delta-V was less than 1 mph. As a result, defense counsel contented that Baker was involved in another, more severe car accident in October 2014, and argued that any Baker did sustain were the result of that crash.
COURT
Superior Court of Los Angeles County, Van Nuys, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case