Case details

Plaintiff claimed rear-ender caused debilitating lower back pain





Result type

Not present

annular tear, annular tear ankle chest, back, bulging disc, lumbar head knee, neck, whiplash
On March 8, 2016, plaintiff Jennifer Payne, a specialty nurse in her 40s, was stopped on the Sycamore Canyon Boulevard on ramp for Interstate 215, in Riverside, when her vehicle was rear-ended by a vehicle operated by Alberto Perez. Payne claimed to her neck, lower back, head, chest, a knee and an ankle. Payne sued Alberto Perez and the owner of Mr. Perez’s vehicle, Leslie Perez. Payne alleged that Mr. Perez was negligent in the operation of his vehicle and that Ms. Perez was vicariously liable for Mr. Perez’s actions. The Perezes accepted liability before trial by not disagreeing with the jury instructions., Payne claimed that she sustained a bulging lumbar disc with an annular tear at the L4-5 level and a whiplash injury to her cervical spine. She also claimed that she suffered pain to her head, left rib, a knee and an ankle, as well as pain to her neck and lower back. Payne underwent months of physical therapy and chiropractic care. She also underwent numerous injections, including steroid injections and nerve blocks. Payne claimed that she still suffers from lower back pain and that she could no longer do heavy lifting and other physical requirements of her position as a specialty nurse. She alleged that as a result, she had to go into a different position, but it was still in the medical field. Payne further claimed that she could need future treatment and care. Payne sought recovery of past and future medical costs, and damages for her past and future pain and suffering. The defense’s expert orthopedic surgeon agreed that Payne is left with debilitating lower back pain, and stipulated to Payne’s past medical costs. However, the expert did not say whether Payne’s treatment was reasonable or necessary. Defense counsel disputed the nature and extent of Payne’s .
Superior Court of Riverside County, Riverside, CA

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