Case details
Plaintiff claimed rear-ender aggravated her fibromyalgia
SUMMARY
$5015.25
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, cervical, lumbar, neck, strain
FACTS
On May 26, 2016, plaintiff Felicitas Gonzalez, 36, was driving on Consuelo Street, in Downey. While she was stopped at a stop sign, her car’s rear end was struck by a trailing car that was being driven by Paulina Quesada, who was trying to drive around Gonzalez’s car. Gonzalez claimed to her neck and back, and an aggravation of a prior pain condition. Gonzalez sued Quesada. Gonzalez alleged that Quesada was negligent in the operation of her vehicle. Quesada conceded liability, and the trial solely addressed causation and damages., Two days after the accident, Gonzalez drove herself to PIH Health Hospital, in Whittier, where she was treated and released. Gonzalez was diagnosed with strains in her neck and lower back. She also claimed that the collision aggravated her pre-existing fibromyalgia. Gonzalez treated with a chiropractor and rheumatologist from May 31, 2016, through Oct. 1, 2016. Gonzalez claimed that it was hard for her to get out of bed during the five months she underwent treatment. She also claimed that her hindered her ability to take care of her special-needs son during that time. Gonzalez sought recovery of past medical expenses and damages for her past pain and suffering. Defense counsel contended that the accident involved a minor impact that caused no visible property damage. As a result, counsel disputed whether the crash could have caused Gonzalez’s neck and back , or aggravated Gonzalez’s fibromyalgia. Instead, defense counsel maintained that Gonzalez would have been in pain for those five months regardless of the crash due to her pre-existing illness.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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- brain
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- face
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