Case details

Plaintiff claimed multiple vehicle crash aggravated neck pain





Result type

Not present

cervical, fusion, neck
On July 6, 2014, plaintiff Christine Davis, 32, a procurement analyst, was driving 65 mph in the far left lane (the number one or “fast” lane) on eastbound State Route 91, also known as the Riverside Freeway, in Artesia, when a Cadillac in front of her stopped for traffic. Davis managed to stop her vehicle, but a Toyota Matrix operated by Julian Risnoveanu, who was rear-ended by a SuperShuttle van operated by Elsayed Gamal, rear-ended Davis’ vehicle. The impact caused Davis’ vehicle to be pushed into the high-occupancy vehicle (HOV) lanes, where her vehicle was struck by an Infinity operated by Abdulrahman Qabazard. Davis’ vehicle then struck the median divider. The damage to Davis’ vehicle was not extensive, but the other vehicles that were involved in the accident were severely damaged. In addition, Davis claimed to her neck and back. Davis sued Risnoveanu; Qabazard; Gamal; Gamal’s employer, American Yellow Cab Inc.; and the owners of the SuperShuttle van, SuperShuttle Los Angeles Inc. and Veolia Transportation Maintenance and Infrastructure Inc. Davis alleged that Risnoveanu, Qabazard and Gamal were negligent in the operation of their respective vehicles. She also alleged that American Yellow Cab, SuperShuttle Los Angeles and Veolia Transportation were liable for Gamal’s actions. “Fahd Abdulrahman Qabazard” was also named as a defendant, believing he was either the same person as “Abdulrahman Mohammad Qabazard” or the owner of the Infinity. However, both Fahd Qabazard and Abdulrahman Qabazard were dismissed from the case once it was clear that the driver had no chance to avoid hitting Davis’ vehicle, which was thrown into his path in the HOV lane. Veolia Transportation was also dismissed from the case. Thus, the matter continued against Risnoveanu, Gamal, American Yellow Cab and SuperShuttle Los Angeles. Davis claimed that Gamal and/or Risnoveanu were negligent and caused the multiple vehicle accident. Risnoveanu claimed he could have, and would have, stopped his car before striking Davis’ vehicle, but his car was previously rear-ended by Gamal’s SuperShuttle van. Thus, he claimed that Gamal was negligent for rear-ending his car first and pushing it into the back of Davis’ vehicle. Gamal disputed Risnoveanu’s version of events and claimed that Risnoveanu was to blame for the multiple vehicle accident. Specifically, Gamal claimed that Risnoveanu’s car rear-ended Davis’s vehicle before his van rear-ended Risnoveanu’s car., Davis claimed that she suffered pain to her neck and back, and was eventually taken by a friend to a Kaiser emergency room a few hours after the accident. She was diagnosed with myelomalacia — a spinal condition in which the spine begins to soften — at the C4 level of the cervical spine. Davis mostly treated at Kaiser, but she also underwent chiropractic treatment, MRIs and orthopedic consultations outside of Kaiser. After missing a few days of work, Davis was able to return. However, she claimed she continued to suffer neck pain with all activities of daily living. She alleged that as a result, she was unable to once again pursue her hobbies. The plaintiff’s treating orthopedic surgery expert recommended a cervical fusion and a revision surgery in 15 to 20 years. Davis admitted that she had a long history of prior neck and back pain, for which she had sought regular treatment at Kaiser, but she claimed her condition was never to a level that required injections or surgery, as was recommended after the accident. Thus, Davis sought recovery of $39,661 in past medical costs and $300,000 in future medical costs, which included $150,000 for the fusion surgery and $150,000 for the revision surgery in 15 to 20 years. She also sought recovery of $6,844 in past lost earnings and $7,500 in future lost earnings for the time she will need to take off from work after the first surgery. Davis also sought recovery of damages for her past and future pain and suffering. Risnoveanu’s counsel noted that Davis consulted with her treating orthopedic surgeon two times before trial. Counsel for both Gamal and Risnoveanu disputed the nature and extent of Davis’ and the alleged need for surgery, arguing that Davis’ were pre-existing.
Superior Court of Los Angeles County, Long Beach, CA

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