Case details
Plaintiff claimed soft-tissue injuries from broadside crash
SUMMARY
$224000
Amount
Arbitration
Result type
Not present
Ruling
KEYWORDS
left shoulder, lower back, neck
FACTS
On Jan. 16, 2014, plaintiff Joanne Gary, 71, an educational consultant, was injured in a broadside collision at the intersection of Fallbrook Avenue and Avenue San Luis in Woodland Hills. Gary was broadsided by an uninsured motorist, who ran a stop sign at the intersection, which was controlled by a four-way stop. Gary claimed to her head, left shoulder, neck, and lower back. Gary sought recovery via the supplementary-uninsured-motorist provision of her own insurance policy, which was administered by Mid-Century Insurance Co. Mid-Century admitted the accident was caused by the uninsured driver, but disputed causation and damages. The matter proceeded to arbitration., Ten days after the accident, Gary went to an urgent care facility with complaints of pain to her head, left (non-dominant) shoulder, neck, and lower back. She subsequently received a few months of physical therapy to treat her soft-tissue . Gary claimed that while her injury symptoms did improve, she still experiences some residual pain. She also claimed she returned to work after the accident, but only at half the capacity she worked at prior to the accident. In addition, she claimed that carrying materials for her job became increasingly difficult. Gary alleged that as a result, she will require further physical therapy. Thus, Gary sought recovery of $70,000 in medical costs and recovery of damages for her pain and suffering. The defense’s expert neurologist disputed all Gary’s treatment after her initial treatment for soft-tissue , which the expert opined should have healed within six weeks. The defense’s expert orthopedist also disputed all of Gary’s treatment except for the initial urgent care exam and one to two months of physical therapy. Thus, both defense experts disputed Gary’s alleged future treatment.
COURT
Matter not filed, CA
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INJURIES:
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- brain
- brain damage
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- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
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- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
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