Case details
Plaintiff claimed rear-end collision caused spinal injuries
SUMMARY
$72500
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
back, muscle spasms, neck, soft-tissue-type injuries
FACTS
On May 9, 2013, plaintiff Jeanette Riner, a disabled 60 year old, was at a complete stop on eastbound Grand Avenue, in an unincorporated area of Riverside County, when her vehicle was rear-ended by a vehicle operated by Earl Hayes. Riner claimed to her neck and back. Riner sued Hayes, alleging that Hayes was negligent in the operation of his vehicle. The owner of Hayes’ vehicle, Marian Cowles, was later added as a defendant. Riner alleged that Cowles was vicariously liable for Hayes’ actions. In addition, Martin Hernandez was added as a defendant, but he was ultimately dismissed from the case. Hayes died from unrelated causes during the course of litigation, and the matter was amended to be against Hayes’ estate. Hayes’ estate and Cowles admitted liability, but challenged the nature, extent and cause of Riner’s and damages., Riner had complained of neck and back pain following the collision. She was subsequently transported by ambulance to Inland Valley Medical Center, inWildomar, where she remained for approximately five hours. Riner claimed that her aggravated her prior history of upper extremity nerve damage, resulting in reflex sympathetic dystrophy, also known as complex regional pain syndrome or causalgia, a chronic pain condition. On May 15, 2013, Riner commenced treatment with a chiropractor and treated to June 19, 2013. She then transferred her care to a Healthpointe Medical Clinic, where she treated with a neurosurgeon. After ordering MRIs of the cervical and lumbar spine, the plaintiff’s treating neurosurgeon referred Riner to physical therapy at Heathpointe. He eventually ordered an EMG and nerve conduction studies, which were negative. Ultimately, he performed two sets of injections, consisting of facet blocks, epidural injections, and median branch blocks at California Surgical Institute, in Upland, on Nov. 5, 2013 and Nov.19, 2013. Riner was eventually discharged from care on Jan. 9, 2014. Riner presented $63,676 in medical bills, most of which were on a lien and included bills for treatment with the chiropractor, at Healthpointe, and at California Surgical Institute. No loss of earnings or future medical expenses was claimed. Thus, plaintiff’s counsel asked the jury to award Riner $250,000 in total damages. Defense counsel contended that Riner suffered, at best, muscle spasms/soft-tissue-type without acute trauma to the spine and that Riner’s alleged condition resolved within three to five months. Thus, counsel disputed Riner’s claims of a spinal injury and radiculopathy into the lower extremities. Defense counsel also argued that the injections were not indicated and that there was no medical basis for them. Defense counsel also challenged the reasonableness of the charges from the hospital, Healthpointe, and the surgery center, arguing that Riner’s medical expenses should have totaled around $24,000. Thus, defense counsel asked the jury to award Riner only $24,684 in total damages. Due to Hayes’ death, the case was limited to insurance proceeds, which totaled $115,000, but this was not disclosed to the jury. As a result, the parties stipulated that the plaintiff’s damages would not exceed $115,000, inclusive of costs.
COURT
Superior Court of Riverside County, Riverside, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
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- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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