Case details

Plaintiff claimed ongoing neck issues after rear-end accident

SUMMARY

$10297.48

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, herniated cervical discs, neck. pain
FACTS
On April 24, 2013, plaintiff Elizabeth Gonzalez, 44, a grade school teacher, was driving on North Orange Grove Boulevard, in Pasadena, when her vehicle was rear-ended by a vehicle operated by Josephine Giampietro. Gonzalez claimed to her neck and back. Gonzalez sued Giampietro, alleging that Giampietro was negligent in the operation of her vehicle. Giampietro admitted liability., Gonzalez claimed neck and back , including herniated cervical discs. She subsequently went to a hospital later that evening and then underwent a few months of chiropractic treatment. Gonzalez claimed that she doesn’t like taking medication, but takes over-the-counter pain relievers for her pain. However, she claimed that she still has ongoing issues and that her neck pain is worse in the morning than at night. She also claimed that she has a decreased range of motion while moving her neck, especially when looking from side to side. Gonzalez alleged that as a result of her limitations, she is limited in the time she goes out with her family, goes hiking, and is out in nature. She also alleged that she will require some sort of future care, such as physical therapy and, possibly, epidural injections, for her ongoing neck and back pain. According to defense counsel, Gonzalez claimed at trial that her pain level remained at around a seven or eight out of 10, but that she had previously told her doctor that her pain level went down to a two out of 10, one out of 10, and then zero out of 10, solely to be discharged, since she was too busy to treat. In addition, defense counsel noted that during closing arguments, plaintiff’s counsel asked the jury to award Gonzalez $322,273.60 in damages. Defense counsel argued that based on the records showing pain levels down to a two out of 10 within a month of the accident and zero out of 10 within six months of the accident, Gonzalez’s had resolved after a few months of treatment. Thus, counsel disputed that Gonzalez would require future care or treatment. In addition, defense counsel argued that Gonzalez’s story of misrepresenting her pain level to her doctor just so she would not have to keep going for treatment was unbelievable and affected her overall credibility.
COURT
Superior Court of Los Angeles County, Long Beach, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case