Case details

Plaintiff claimed rear-end crash caused neck and back injuries

SUMMARY

$97500

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
annular tear, back, bulging disc, cervical, neck, thoracic neck, upper back
FACTS
On March 26, 2014, plaintiff Susan Debruyne, 29, an owner of an equestrian business, was driving on northbound Nohl Ranch Road, near the intersection with Via Encina, in Orange, when she stopped to turn left into a driveway at 6352 Nohl Ranch Road. While waiting to make her turn, her 2001 BMW sedan was rear-ended by a Cadillac Escalade sport-utility vehicle, which was operated by Helena Bui. Debruyne claimed neck and back . Debruyne sued the driver, Helena Bui, and the owner of the Cadillac Escalade, Hoang Bui. Debruyne alleged that Ms. Bui was negligent in the operation of her SUV and that Mr. Bui was vicariously liable for Ms. Bui’s actions. The Buis stipulated to liability, and the matter was litigated on the issues of causation and damages., Following the accident, Debruyne returned home and then presented to an urgent-care facility, where she was examined and released. The next morning, when she awoke, she was allegedly not able to move due to severe pain in her neck, upper-back, and right, dominant arm. As a result, she returned to the urgent-care facility, was given pain medication, and instructed to follow up with her primary care physician. Debruyne then presented to her doctor, who put her on a course of physical therapy, which included massage treatment and exercises, and chiropractic care, which included spinal manipulation and massage treatment. Debruyne was referred to an orthopedic surgeon, whom, via MRIs, diagnosed her with bulging cervical discs at the C3-4, C4-5, and C6-7 levels; bulging thoracic discs at the T1-2 and T2-3 levels; annular tears at T1 and T2; and a dislocated biceps tendon in the right arm. She subsequently underwent a series of facet and epidural injections to her C4-5 and C5-6 discs. Debruyne then had to suspend her treatment for about 10 months due to her pregnancy. Debruyne alleged that she made a good recovery, but that she continues to experience neck pain and discomfort, particularly with physical exertion. Specifically, she claimed that carrying around her infant son results in hour-long soreness in her neck and right shoulder. Debruyne alleged that in order to combat the pain, she performs home exercises that she learned from her physical therapy, which she also continues to undergo. The plaintiff’s orthopedic surgeon recommended that Debruyne continue physical therapy twice a week for four weeks and then once a week for four weeks. Thereafter, the treating orthopedist recommended that Debruyne continue with physical therapy on an as-needed basis. At the time of the accident, Debruyne had run her own equestrian business, which was three years old. However, she claimed that her caused her to hire help and that, eventually, the business folded. Thus, Debruyne sought recovery of $37,584 in medical costs and approximately $90,000 in lost wages. She also sought recovery of damages for her past and future pain and suffering. The defense’s orthopedic surgery expert, who examined Debruyne, conceded that Debruyne’s treatment was necessary and reasonable. However, the defense’s economics expert disputed Debruyne’s calculations for lost earnings, and determined that the amount was far less than $90,000.
COURT
Superior Court of Orange County, Orange, CA

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