Case details

Plaintiff claimed crash caused on-going back and neck pain

SUMMARY

$12500

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
neurological, radicular pain, radiculitis
FACTS
On Sept. 13, 2014, plaintiff Dante Calvo, a U.S. Navy officer in his 40s, was driving west on the Riverside Freeway, also known as State Route 91, approaching the interchange with the Costa Mesa Freeway, also known as State Route 55, when traffic ahead of him began to slow. Calvo braked to stop, but his rental car was struck on the left, rear quarter panel by a sedan operated by Patricia Tuqan. Calvo claimed to his neck and back. Calvo sued Tuqan, alleging that Tuqan was negligent in the operation of her vehicle. Specifically, Calvo claimed that Tuqan was traveling between 20 to 30 mph at the time of impact. Tuqan admitted liability., Calvo claimed that he sustained soft tissue to his upper back and neck, causing radiating pain down his right arm. He underwent pain management, chiropractic care, physical and occupational therapy, and facet injections. Calvo admitted that he had pre-existing, but manageable, lower back pain and a traumatic injury to his spine due to his military service prior to the subject collision. However, he claimed that in 2013, one year before the subject crash, he was cleared for full duty and served in Afghanistan, where he often wore heavy military gear and carried out physical exercises. He also claimed that after the collision, he was left with constant neck and upper back pain with the radiating symptoms into his arm. Calvo alleged that he was eventually able to return to his position, but that he was placed on limited duty, and is excused from physical fitness and readiness requirements. Calvo’s past medical treatment was fully paid for by the Military Health System, which had a lien of approximately $3,600 for nearly four years of neck and back treatments, physical therapy, surgical evaluations, occupational therapy, and chiropractic care. As a result, he only sought recovery on non-economic damages for his past and future pain and suffering. Defense counsel disputed the nature and extent of Calvo’s alleged . Counsel argued that the force of the impact was not sufficient enough to cause Calvo any .
COURT
Superior Court of Orange County, Orange, CA

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