Case details

Plaintiff claimed ongoing pain from crash-related spinal injuries





Result type

Not present

back, bulging disc, cervical, lumbar, neck, sprain, stenosis, strain
At around 10:54 a.m. on Nov. 29, 2014, plaintiff Katie Boggs, 39, a clothing designer, was stopped in traffic on the northbound Santa Ana Freeway, also known as Interstate 5, just before the Slauson Avenue exit, in Commerce, when her compact vehicle was rear-ended by a large Sprinter van operated by Justine Ralph. Boggs alleged to her neck and back. Boggs sued Ralph and the owner of the van, Ralph’s employer, Friar Tux Shop Inc. Boggs alleged that Ralph was negligent in the operation of the van and that Friar Tux Shop was vicariously liable for Ralph’s actions while in the course and scope of his employment. Defense counsel stipulated that Ralph was in the course and scope of his employment, that Ralph was at fault for the collision, and that Ralph’s negligence caused Boggs’ alleged . In exchange, Ralph was dismissed form the lawsuit, and the matter continued only against Friar Tux Shop., Boggs sustained a 4- to 5-millimeter cervical disc bulge with bilateral neural foraminal stenosis and a lumbar sprain and strain. She was subsequently taken by her husband to an emergency room that same day. She then underwent years of conservative treatment, including physical therapy, medication, and epidural and trigger point injections to treat her cervical . Boggs claimed that her treatment was unsuccessful and that she now suffers from hip pain from an imbalance due to her back and neck injury. She alleged that as a result, she suffers from daily pain that interferes with her ability to care for her child and perform other acts of daily living. She also alleged that she suffers from pain at her job as a clothing designer, causing her to needed help doing things that she could have done before. As a result, Boggs claimed she will need an anterior cervical discectomy and fusion. Thus, Boggs sought recovery of future medical costs, and damages for her past and future pain and suffering. (Her past medicals were waived and she not claim any lost earnings.) Defense counsel contested the nature of Boggs’ residual , the need for future surgery, and the amount of non-economic damages. Specifically, defense counsel argued that Boggs’ had resolved by 2016 and that no future surgery was necessary. Counsel also proffered that past non-economic damages would only be suitable for approximately one year.
Superior Court of Los Angeles County, Santa Monica, CA

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