Case details

Plaintiff claimed neck and back injuries due to collision

SUMMARY

$133351

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, cervical, disc protrusion, herniated disc, neck
FACTS
On March 9, 2013, plaintiff David Myung, a youth minister in his late 20s, was driving east on State Route 134, also known as the Ventura Freeway, in northern Los Angeles, when the front, passenger side of his vehicle collided with the rear, driver’s side of a vehicle operated by Myra Washington. Myung claimed neck and back . Myung sued Washington, alleging she was negligent in the operation of her motor vehicle. Myung claimed Washington veered into his lane, making the collusion inevitable. Washington claimed that she never left her lane and that Myung was negligent for rear-ending her vehicle., Myung claimed that he sustained a lumbar disc bulge at the L4-5 level, cervical disc protrusions at the C5-6 and C6-7 levels, and a lumbar disc protrusion at the L4-5 level. He also claimed he suffered from lumbar radiculopathy. Myung initially did not seek treatment after the collision, but eventually presented to a chiropractor four weeks later. His attorney from the Downtown L.A. Law Group then referred Myung to pain management doctors, who referred him to an orthopedic surgeon, who then sent him to another orthopedic surgeon. Myung ultimately underwent numerous MRIs. Between the time of the crash and when the case went to trial, Myung underwent chiropractic treatment, several medial branch blocks injected into his cervical spine, several rhizotomies injected into his cervical spine, a surgical discectomy at the L4-5 level, and a discogram at the L5-S1 level. However, he claimed that despite treatment, he suffers from a significant decrease in range of motion, causing him to be unable to play sports, particularly basketball, with the youths he works with. The plaintiff’s expert spinal surgeon testified that Myung’s medical bills totaled $262,000 so far and opined that Myung would likely need fusion surgery on his back in the future. However, Myung told the jury that he would not be undergoing the fusion surgery. Thus, Myung sought recovery of $262,381 in past medical costs, $110,000 in future medical costs, and between $400,000 and $600,000 in damages for his past pain and suffering. He also sought recovery of an unspecified amount of damages for his future pain and suffering. The defense’s expert orthopedic surgeon opined that Myung only had soft tissue to his back and that surgery was unnecessary, as is any alleged future care. The defense’s expert radiologist opined that any significant alleged by Myung were degenerative and not caused by the crash.
COURT
Superior Court of Los Angeles County, Van Nuys, CA

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