Case details

Plaintiff claimed rear-end crash caused back injuries





Result type

Not present

back, herniated disc, neurological, radiculopathy
On April 24, 2019, plaintiff Jonathan Gerard, 42, a rancher, was driving on a two-lane county road in King City. When he slowed to make a left turn, his truck was rear-ended by a full-size sedan operated by Jose Ramirez. Gerard claimed to his back. Gerard sued Ramirez, alleging that Ramirez was negligent in the operation of his vehicle. Gerard claimed that Ramirez was speeding and racing another vehicle prior to the crash. Ramirez did not dispute liability, and his insurance provider, State Farm Insurance Cos., agreed to tender its policy. Gerard sought further recovery via the supplementary-underinsured-motorist provision of his own insurance policy, which was administered by Travelers Casualty Insurance Company of America, a subsidiary of Travelers Property Casualty Corp., Gerard claimed he suffered immediate neck and back pain at the scene of the accident. He was taken to the emergency department of a local hospital, where he was diagnosed with herniated lumbar discs at the L4-5 and L5-S1 levels. Gerard later underwent back surgery on both the L4-5 and L5-S1 levels on Aug. 29, 2019. Plaintiff’s counsel contended that Gerard’s lumbar were caused by the accident, noting that Gerard’s truck sustained over $17,000 in property damage and that Ramirez’s car was a total loss. Gerard claimed that despite the surgery, he suffers permanent residual , including pain, radiculopathy and loss of strength. He alleged that he could possibly need future neurosurgical and chiropractic office visits. Gerard sought recovery of over $275,000 in past, adjusted medical costs and an unspecified amount of future medical costs. He also sought recovery of damages for his past and future pain and suffering. Counsel for Ramirez and Travelers offered no contentions as to Gerard’s and damages.
Superior Court of Monterey County, Monterey, CA

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