Case details

Plaintiff claimed rear-end crash caused lumbar herniations

SUMMARY

$75000

Amount

Arbitration

Result type

Not present

Ruling
KEYWORDS
back, herniated disc, neck, nerve impingement, neurological, radicular pain, radiculitis, radiculopathy surgeries
FACTS
On June 11, 2009, plaintiff Armando Rodriguez, 56, a self-employed flower broker, was driving on the 170 freeway in Los Angeles. Early in the afternoon, Rodriguez exited the freeway and came to a stop on Victory Boulevard when he was rear-ended by a vehicle operated by George Koken. Rodriguez claimed to his lower back. Rodriguez sued Koken, alleging the defendant was negligent in the operation of his vehicle. Rodriguez claimed that Koken failed to stop on the off-ramp and that the impact caused his seat to break. Koken claimed that Rodriguez stopped suddenly on Victory Boulevard. The case proceeded to arbitration., Rodriguez went home after the accident, but the following day, he went to a chiropractor due to neck and lower back pain. He subsequently began a course of chiropractic care and was referred for physical therapy. Rodriguez also obtained an MRI of his lumbar region, which revealed herniated discs at L5-S1, impinging both nerve roots, and at L4-5, impinging the left side greater than the right. Rodriguez claimed that due to his continued pain, he further treated with a pain management specialist, receiving three epidural injections, which did not resolve his pain. He ultimately underwent a rhizotomy to his lower back. Rodriguez also treated with an orthopedic surgeon and underwent a Nerve Conduction Study that revealed radiculopathy at L5-S1. He was also recommended surgery, a lumbar laminectomy and discectomy at L4-5, and continues to treat with physical therapy. Thus, Rodriguez sought $118,521.54 in past medical costs, $90,000 in future medical costs, $50,000 in lost earnings, and an unspecified amount of damages for his pain and suffering. Defense counsel noted there was no property damage to Rodriguez’s vehicle and, thus, denied Rodriguez sustained any serious . In addition, the defense’s medical expert disputed the nature and extent of Rodriguez’s alleged and damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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