Case details

Plaintiff claimed head and shoulder injuries from crash

SUMMARY

$1000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
brain, brain injury, concussion, glenoid labrum, head, neck, neurological, radicular pain, radiculitis, shoulder, tear
FACTS
On Nov. 6, 2015, plaintiff Anthony Kim, 28, a mortician, was a passenger in a car that was coming to a stop on Interstate 405, also known as the San Diego Freeway, when a tow truck operated by Miguel Cruz rear-ended Kim’s vehicle. The impact subsequently caused the car to strike another vehicle. Kim claimed to his head, neck and left shoulder. Kim sued Cruz and Cruz’s employer, Carlos Escober, who was doing business as Primo’s Towing. Kim alleged that Cruz was negligent in the operation of the tow truck and that Escober was vicariously liable for Cruz’s actions. Defense counsel did not dispute liability., Kim sustained blunt force trauma to his head, rendering him unconscious. At the scene, he had a score of 14 on the Glasgow Coma Scale. Kim was subsequently taken to Ronald Reagan UCLA Medical Center, in Los Angeles, where he remained hospitalized for two days. He was diagnosed with post-concussion syndrome, and tears of the left shoulder’s superior labrum anterior and posterior (SLAP). He also complained of neck pain with numbness radiating into his right arm. In addition, Kim claimed he suffered from dizziness, confusion and sleeping problems. Kim claimed he was experiencing left shoulder pain since the November 2015 motor vehicle collision. As a result, he went to see his treating orthopedic specialist on Aug. 5, 2016. The treater’s examination of the left shoulder revealed reduced range of motion, subacromial crepitus, a positive impingement, a positive impingement reinforcement, a slightly weaker rotator cuff, a slight weakness of the external rotation about the supraspinatus and a mildly positive sign of coracoid impingement. The treater subsequently ordered physical therapy for the left shoulder joint pain and left shoulder SLAP tear. Kim claimed he had a good recovery from his and that he was ultimately able to return to work.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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