Case details

Plaintiff claimed motor vehicle collision caused spinal injuries

SUMMARY

$669623

Amount

Decision-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, cervical, lower back, lumbar, neck, neurological, radicular pain, radiculitis, sprain, strain, thoracic, thoracic neck
FACTS
On Feb. 19, 2015, plaintiff Christie Wilson, 49, a marketing manager for SAS Shoes, was driving west on State Route 91, also known as the Riverside Freeway, near the transition for State Route 57, also known as the Orange Freeway, in Anaheim, when her vehicle was rear-ended by a vehicle operated by Evan Winans. The impact to the driver’s side of the rear of Wilson’s vehicle caused the rear windshield to shatter, and caused damage to her fuel tank and bumper. Wilson claimed to her neck and lower back. Wilson sued Winans and Winans’ employer and owner of her vehicle, Adams Interiors Inc. Wilson contended that Winans was negligent in the operation of his vehicle and that Adams Interiors was vicariously liable for Winans’ actions. The defendants conceded liability, and the matter proceeded to a bench trial., Wilson claimed that she sustained strains and sprains to her cervical, thoracic and lumbar spine with radicular symptoms into her arms and legs. She did not immediately go to a hospital, but presented to her physician at a Kaiser location the following day. Wilson treated with pain medication and underwent 53 chiropractic treatments over the course of nine months. She also sought an orthopedic consultation. The orthopedist subsequently recommended epidural injections to the lumbar spine, but Wilson opted not to have those. Wilson claimed that because of her , she suffered limitations, including not being able to lift more than 50 pounds, stand for long periods, or drive. She was recently promoted, but she claimed that after the accident, she was unable to perform the job duties required of her. Specifically, Wilson sold specialty shoes to the elderly that required her to assist them physically and allow them to lean on her for balance. However, she claimed that she could no longer do that and that she feared that if she did, she would be unable to support their weight. Thus, Wilson sought recovery of past loss of income, future loss of income potential, and damages for her past and future pain and suffering. She waived her medical cost claims. Defense counsel disputed the seriousness of Wilson’s alleged , and asked the judge to only award Wilson $10,000 in total damages.
COURT
Superior Court of Orange County, Orange, CA

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