Case details

Plaintiff claimed rear-end crash caused need for spinal surgery





Result type

Not present

back, bulging disc, cervical, disc protrusion, neck, neurological, radiculopathy
On Dec 7, 2011, plaintiff Noel Gordon, 44, a life coach, was driving a 2012 Mercedes Benz C250 on northbound Interstate 405, in Carson, when he was rear-ended by a 1995 Mercedes Benz E320, which was operated by Randy Osenbaugh. Gordon complained of to his neck and back following the accident. Gordon sued Osenbaugh and the owner of the Mercedes Benz E320, Jimmy Morris. Gordon alleged that Osenbaugh was negligent in the operation of his vehicle and Morris was vicariously liable for Osenbaugh’s actions. Morris was ultimately released from the case, and the matter continued against Osenbaugh only. The plaintiff’s accident reconstruction expert estimated that the change in acceleration was between three and five mph. Osenbaugh claimed that Gordon was under the influence of the drugs and using his cell phone when Gordon made a sudden lane change that caused the accident. In addition, the defense’s accident reconstruction expert testified that the speed change of Gordon’s vehicle was only approximately 1.6 mph., On the day after the accident, Gordon was seen at an urgent care center with complaints of neck and back pain. He eventually underwent physical therapy and multiple orthopedic consultations, and an MRI ultimately revealed that Gordon had developed a 4-millimeter disc protrusion (or disc bulge) at the C6-7 level. Gordon was also diagnosed with radiculopathy. Although it was recommended that he receive an epidural injection, Gordon declined to undergo the procedure. As a result of his , Gordon claimed that he suffers from chronic neck pain that radiates into both arms, as well as suffers a diminished range of motion in his cervical spine. As a result, the plaintiff’s treating orthopedist recommended that Gordon undergo spinal surgery on his cervical spine. The plaintiff’s expert neurosurgeon opined that Gordon’s bulging cervical disc was caused by the subject accident. He also opined that Gordon was a candidate for cervical spine surgery totaling $140,000. Thus, Gordon sought recovery of $8,277 in past medical expenses and $140,000 in future medical expenses. He also sought recovery of damages for his past and future pain and suffering. Defense counsel disputed the extent of Gordon’s alleged given the low speed of the impact. Counsel also contended that Gordon appeared uninjured at the scene of the accident. The defense’s expert orthopedic surgeon testified that Gordon’s were minor and that Gordon would not require surgery.
Superior Court of Los Angeles County, Los Angeles, CA

Recommended Experts


Get a FREE consultation for your case