Case details

Plaintiff claimed rear-end crash caused protruding lumbar discs





Result type

Not present

back, disc protrusion, lumbar
On Oct. 8, 2009, plaintiff Jeremy Bednarsh, 33, a mechanical service technician, was driving on Interstate 15 in San Diego, approaching the interchange with State Route 163, when he was rear-ended by a vehicle operated by Ramon Salcido. Bednarsh claimed to his neck, lower back and left wrist. Bednarsh sued Salcido. He alleged the defendant was negligent in the operation of his vehicle. Specifically, Bednarsh contended that Salcido was inattentive in traffic, causing the accident and his personal . Salcido admitted liability for the accident, and the matter proceeded to a trial on causation and damages., Two weeks after the accident, Bednarsh went to his primary doctor with complaints of neck, lower back and left wrist pain. He was initially diagnosed with soft-tissue strains and sprains and began a course of chiropractic care one week later, which lasted two months. However, when Bednarsh complained of continuing pain in his lower back, he underwent an MRI that revealed protruding lumbar discs at the L1-2 and L5-S1 levels. Bednarsh claimed he still experiences pain and discomfort in his lower back, and that his back condition has limited him physically. Thus, he alleged that he requires surgery at the L1-2 and L5-S1 levels. Bednarsh sought roughly $7,500 in past medical costs. He also sought recovery of unspecified damages for his future medical costs and for his past and future pain and suffering. Defense counsel contended that Bednarsh only suffered minor soft-tissue strains and sprains, which resolved after his initial chiropractic care. The defense’s expert neurologist testified that according to an independent medical exam, Bednarsh was not a surgical candidate because his lower back injury had no permanency.
Superior Court of San Diego County, San Diego, CA

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