Case details

Plaintiff claimed neck and back injuries from rear-ender

SUMMARY

$15114.24

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back pain, cognitive issues, eye pain, headaches, neck, soft-tissue injuries
FACTS
On Dec. 22, 2010, plaintiff Cynthia Little, 69, a business owner and office administrator, was driving on the westbound side of Laguna Boulevard when she stopped for a traffic light at the intersection with Harbour Point Drive, in the Elk Grove section of Sacramento. While stopped, a westbound vehicle driven by Lynette Byrd struck her vehicle’s rear bumper. Little claimed soft-tissue to her back and neck. Little sued Lynette Byrd and the believed owner of Lynette Byrd’s vehicle, McArthur Byrd. Little alleged that Ms. Byrd was negligent in the operation of her vehicle, causing the rear-end collision, and that Mr. Byrd was vicariously liable for Ms. Byrd’s actions. Ms. Byrd conceded liability, and the matter proceeded to a trail that addressed damages., Little claimed that her neck and her back were painful after the accident, and that she suffered from headaches, cognitive issues, eye pain, and word replacement difficulty. She subsequently presented to a local hospital for emergency medical treatment on the day of the accident. She claimed that she was ultimately diagnosed with soft-tissue to her neck and mid-back. Shortly thereafter, Little presented to a chiropractor, a physical therapist, and pain management doctors, and she treated with trigger point injections, cupping, chiropractic care, and physical therapy exercises. Little claimed that she missed 35.9 hours of work as a result of her . The plaintiff’s expert orthopedist testified that Little sustained facet joint to discs at various levels of her neck and back. He opined that Little would require future medial branch blocks, or anesthetic injections, to various facet joints and would require radiofrequency ablation procedures. Thus, Little sought recovery of approximately $347,693 in damages, including $36,521 in past medical costs, including reimbursements for mileage and parking; $12,889 in past lost earnings; $111,000 in damages for her past pain and suffering; and $213,000 in damages for her future pain and suffering. Defense counsel disputed the extent and nature of Little’s . She contended that Little had a history of prior neck and back complaints and that Little lacked medical evidence to confirm the presence of her alleged . Thus, defense counsel argued that the total cost of Little’s medical expenses for treatments actually incurred as a result of the accident amounted to a total of approximately $9,708.
COURT
Superior Court of Sacramento County, Sacramento, CA

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