Case details

Plaintiff claimed herniated discs due to intersection crash





Result type

Not present

back, herniated disc, neck
On March 14, 2009, at 10 a.m., plaintiff Minqin Wang was driving northbound Santa Clara Street in Arcadia when he came to a complete stop at a red light. After the light turned green, he proceeded straight into the intersection and was struck by a vehicle operated by Kimberly Gadoury, who was traveling east on the crossroad of Huntington Drive. The force of the 20 to 25 mph collision caused Wang’s vehicle to spin and deploy the air bags on its left side. He subsequently claimed back and neck from the crash. Wang sued Kimberly Gadoury and the registered owner of the vehicle, Joseph Gadoury. He alleged that Ms. Gadoury was negligent in the operation of her vehicle and that Mr. Gadoury was vicariously liable for her actions. Specifically, Wang claimed that Ms. Gadoury failed to stop for a red light and caused the crash. Ms. Gadoury admitted liability for the motor vehicle collision., Wang initially treated with a chiropractor from March 17, 2009, to Sept. 18, 2009. During that time, he obtained MRI’s of his brain, and cervical and lumbar spine, which revealed a 2- to 3-millimeter lumbar disc herniation at L4-5, a 3-millimeter cervical disc herniation at C4-5, and a 4- to 5-millimeter cervical disc herniation at C5-6. However, the MRI of the brain was normal. On June 2, 2009, Wang was seen by an orthopedic surgeon, who recommended a series of cervical and lumbar epidural steroid injections, which Wang elected not to receive at that time. He also did not receive any medical care or treatment from any healthcare provider for 19 months thereafter. In April 2011, Wang was seen by a pain management physician, who recommended a series of three lumbar epidural steroid injections. As a result, he received two epidural steroid injections at the L4-5 level in April and May 2011. One year later, in April 2012, Wang was seen by a different pain management physician, who also recommended a series of three epidural steroid injections. This physician estimated that the cost would total $36,000 for all three injections. To date, Wang has not received the recommended injections. Wang claimed that his medical expenses totaled $17,707.60 from March 2009 to September 2009, and totaled $25,269.94 from April 2011 to April 2012. He did not take any time off from work, but claimed he was unable to perform the same level of physical activity at his job that he did prior to the accident. Defense counsel disputed the nature and extent of Wang’s , and medical expenses. Counsel contended that Wang only suffered soft-tissue that should have completely resolved after the six-month treatment with the chiropractor. Defense counsel further contended that the disc herniations were pre-existing due to Wang’s age and degenerative condition, and were not caused by the subject collision.
Superior Court of Los Angeles County, Pasadena, CA

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