Case details

Plaintiff claimed crash caused shoulder and cervical injuries





Result type

Not present

herniated disc, neck
On the morning of April 24, 2010, plaintiff Judith Moore, a retired 63 year old, was driving along Brand Boulevard in Glendale on her way to a friend’s house when she yielded for a car that was leaving a parking space along the curb. As she waited for the car to pull out, Moore was rear-ended by Martin Garcia-Currula, who was driving in the course and scope of his employment with Harbor Marine Product Inc. Moore claimed neck and shoulder as a result of the accident. Moore sued Garcia-Currula and Harbor Marine Product Inc. Moore alleged that Garcia-Currula was negligent in the operation of his motor vehicle and that Harbor Marine was vicariously liable for Garcia-Currula’s actions. The defendants admitted liability. Garcia-Currula, who was making deliveries for Harbor Marine, admitted that he was inattentive., Moore claimed a rotator cuff tear and cervical disc herniations at the C4-5 and C5-6 levels. On May 9, 2011, she underwent an arthroscopic repair of left shoulder’s rotator cuff with subacromial decompression, complete synovectomy, extensive debridement and application of Plaxmax autologous tissue. On Oct. 12, 2011, Moore underwent an anterior cervical discectomy, osteophytectomy, and central and neural foraminal decompression with fusions at C4-5 and C5-6. Both of the plaintiff’s medical experts testified that the surgeries were necessary because the injury to the shoulder and the to the neck were caused by the car accident. The defense’s orthopedic surgery expert conceded to the shoulder surgery, but did not believe that the neck injury was caused by the accident. Thus, the expert opined that the cervical surgery was not necessary.
Superior Court of Los Angeles County, Pasadena, CA

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