Case details

Plaintiff claimed radiating lower back pain from rear-end crash

SUMMARY

$956633

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, bulging disc, lumbar neck
FACTS
On Nov. 2, 2013, plaintiff Edwin Moran, 37, a tour bus operator, was driving in stop-and-go traffic on the Interstate 5 when his vehicle was rear-ended by a vehicle operated by Janice Share. Moran claimed to his back. Moran sued Share, alleging that Share was negligent in the operation of her vehicle. Share admitted liability before trial., Moran claimed that he sustained a lumbar disc protrusion at the L4-5 level. Although he did not complain of pain at the scene, he allegedly began to have pain in his neck and back later that day. As a result, he hired an attorney the next day, presented for chiropractic treatment, and underwent an MRI. Four months later, Moran received an epidural injection. However, he claimed that it did not provide him with relief. He ultimately underwent a lumbar discectomy two years later and, for six months, he allegedly had relief. However, Moran claimed that his back pain with radiating leg pain returned, but this time, the pain radiated into his opposite leg. As a result, Moran was recommended for a lumbar fusion. Moran, who drove tour busses for retirees that want to travel to Solvang and Nevada, claimed that had to switch jobs because he can no longer drive a bus for long periods of time. He is now a security guard for the sheriff’s department, where he can alternate between sitting and standing, which allegedly helps with his back pain. Moran also claimed that he tries to not overexert himself and that his back and leg pain prevent him from playing soccer with his friends and hiking with his family. Thus, Moran sought recovery for his past and future medical costs, and for his past and future pain and suffering. Defense counsel disputed causation and the extent of Moran’s alleged . Specifically, defense counsel noted that Moran did not complain of any pain at the accident scene and that after initially undergoing chiropractic treatment, Moran did not undergo any treatment for the next four months. Counsel also noted that after Moran received an epidural injection, Moran did not seek any further treatment for the next two years. Thus, defense counsel asserted that Moran’s alleged were not causally related to the crash and that even if they were caused by the incident, Moran would have only suffered a minor injury. Thus, defense counsel disputed the cost of Moran’s medical treatment and asserted that Moran would not have required any further medical care after the initial chiropractic treatment.
COURT
Superior Court of Los Angeles County, West Covina, CA

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