Case details

Plaintiff claimed rear-end crash aggravated back condition





Result type

Not present

annular tear, back, neck
At around 3:30 p.m. on May 29, 2014, plaintiff Erin Hirsh, 42, a costume designer, was stopped for traffic on Bundy Drive, near Airport Avenue in Santa Monica, when her vehicle was rear-ended by a vehicle operated by Thea Miller, who was traveling behind Hirsh and had failed to stop her vehicle in time. Hirsh claimed to her lower back. Hirsh sued Miller, alleging that Miller was negligent in the operation of her vehicle. Miller admitted fault for the crash just before trial., Hirsh claimed that she suffered an aggravation of a prior degenerative condition of the lumbar spine and an annular tear at the L4-5 level. She initially sought treatment with a chiropractor the day after the accident. When the pain persisted in her lower back, she consulted with a pain management doctor approximately 11 days after the crash. Hirsh was a candidate for physical therapy and pain management, including epidural injections. However, although she elected to treat her condition conservatively, she did not receive any injections. The plaintiff’s expert orthopedic surgeon opined that Hirsh sustained an aggravation of an underlying degenerative condition and an annular tear at L4-5. Hirsh was able to return to work, but she claimed she still has ongoing pain. Defense counsel disputed the nature and extent of Hirsh’s alleged . Counsel noted that Hirsh’s vehicle only sustained minimal visible property damage as a result of the crash. Thus, defense counsel argued that Hirsh only sustained minor sprain/strain , which should have resolved in a few weeks.
Superior Court of Los Angeles County, Pasadena, CA

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