On Sept. 11, 2015, plaintiff Mildre Rodas, a woman in her 30s, was driving a 2009 Toyota Tacoma pickup truck on southbound La Cadena Drive, in Riverside, when she entered the intersection with Interchange Street and broadsided the passenger’s side of a van that was making a left turn from northbound La Cadena Drive. Rodas claimed that she sustained back . Rodas sued the driver of the turning van, Mauricio Morgan, and Morgan’s employer, Dutch Touch Window Cleaning. Rodas alleged that Morgan was negligent in the operation of his vehicle and that Dutch Touch was liable for Morgan’s actions while he was in the course and scope of his employment. Plaintiff’s counsel maintained that Morgan made an improper left turn by failing to yield to Rodas, who had the right-of-way. Morgan asserted that he ensured a safe and clear distance before turning., On Sept. 14, 2015, three days after the collision, Rodas presented to a chiropractor with complaints of pain to her neck and lower back. Rodas underwent MRIs, and was diagnosed with a 4-millimeter lumbar disc protrusion at the L4-5 level, a 5.4-millimeter lumber disc protrusion at the L5-S1 level, and a strain and sprain of her cervical spine (which later resolved). She subsequently treated with massage therapy and spinal manipulation for approximately three months. Following her chiropractic treatment, she treated with a pain-management specialist, who administered a series of epidural and facet injections to the lumbar spine. Rodas claimed that the conservative treatment was unsuccessful and that she continues to suffer from ongoing back pain, which interferes with her activities of daily living. As a result, she consulted with an orthopedic surgeon, who recommended a lumbar fusion and discectomy. Rodas has not yet undergone surgery, and no further treatment was rendered. Thus, Rodas sought recovery of $99,290.24 in past medical costs and an unspecified amount in future medical costs, which included the cost of the surgery. She also sought recovery of damages for her past and future pain and suffering.
