Case details

Plaintiff claimed post-traumatic injuries from rear-end crash





Result type

Not present

back, carpal tunnel syndrome shoulder, hands, head, headaches, neck, shoulder, stenosis, wrist
On Sept. 24, 2010, at approximately 2:30 p.m., plaintiff Julie Manus, 27, a Home Depot employee/hair dresser, was driving her sport utility vehicle on southbound Interstate 5, near Lathrop. As she slowed for traffic, Manus was rear-ended by a vehicle operated Thone Khoonsrivong. Manus claimed to her neck, back, shoulder, and hands. Manus sued Khoonsrivong, alleging the defendant was negligent in the operation of his vehicle. Specifically, Manus claimed that as she slowed to approximately 5 mph due to traffic, Khoonsrivong attempted to pass a big rig on the right side and struck her. She contended that Khoonsrivong, by his own admission, was traveling at approximately 60 mph at the time of the accident. Khoonsrivong admitted liability for the accident., Three days after the accident, on Sept. 27, 2010, Manus first presented to her primary care provider, Kaiser Permanente, with complaints of pain to her neck, back and shoulder, as well as traumatically-induced headaches. She subsequently underwent X-rays, which were negative except for a straightening of the cervical curve. Manus claimed that when her headaches persisted, she had a CT scan of her brain that revealed a 2.2-centimeter pineal cyst. She then visited Kaiser facilities six times before ceasing treatment with Kaiser and starting chiropractic care. She ultimately underwent 16 chiropractic treatments over six months. In April 2011, Manus moved to Reno, where she underwent 16 additional chiropractic visits over the next nine months. She also visited a neurologist in January 2012, and underwent MRIs of her brain and cervical spine. The cervical MRI did not show a spinal cord impingement, but the brain MRI did confirm the existence of the pineal cyst. Manus then did not seek any other medical treatment for 2.5 years. However, two months before trial, she presented to a physiatrist, who opined that Manus suffered from post-traumatic carpal tunnel syndrome, as well as post-traumatic lateral stenosis at C5-6 and C6-7. The physiatrist also opined that Manus was suffering from post-accident headaches and pain. Manus claimed that her ongoing, chronic headaches affected her ability to work, causing her to be placed on light duty. She also claimed her carpal tunnel syndrome affected her ability to cut hair and care for her 1-year-old child. She further claimed that she developed headaches after reading to her child. In addition, Manus claimed that her condition affected her social life, as she can no longer attend places with loud music. Thus, Manus sought recovery of $22,713.28 in past medical costs, $694 in past lost earnings (for 65 hours of missed work), and $250,000 in damages for her pain and suffering. The defense’s expert neurosurgeon opined that Manus’ headaches stemmed from the 2.2-centimeter pineal cyst, and not from the accident. The expert pointed to two complaints of headaches that Manus made prior to the accident: one on July 30, 2007, and another on Aug. 24, 2010, which was only one month before the accident. The defense’s expert further opined that MRI scans showed no spinal condition to validate Manus’ complaints of headaches four years after the accident. In addition, defense counsel argued that Manus’ carpal tunnel syndrome was caused by her work as a hair dresser and was not caused by the accident.
Superior Court of San Joaquin County, San Joaquin, CA

Recommended Experts


Get a FREE consultation for your case