Case details
Plaintiff claimed spinal injuries from rear-end collision
SUMMARY
$51658.85
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
arms, atrophy, back, head, left arm, neck, pain, shoulder
FACTS
On April 5, 2012, plaintiff Adam Bar, 38, a financial services recruiter, was driving on Santa Monica Boulevard, in Los Angeles, when Bar was forced to slow down due to stop-and-go traffic. As he slowed near the intersection with Wilshire Boulevard, his car was struck in the rear end by a sport utility vehicle driven by Brent Bradley. Bar claimed he sustained to his back, head, neck, an arm, and a shoulder. Bar sued Bradley, alleging that Bradley was negligent in the operation of his vehicle. Bradley conceded liability, and the matter proceeded to a jury trial that addressed causation and damages., A few hours after the collision, Bar presented to the emergency room at Cedars-Sinai Medical Center, in Los Angeles. He was initially diagnosed with a cervical sprain and received minor treatment. Bar ultimately claimed that he sustained a posterior cervical disc herniation at the C6-7 level that indented and impinged on the anterior thecal sac in the cervical cord. He also claimed that he suffered cephalgia (headaches); a sprain of his upper, left trapezius; contusions; and consistent pain of his left, non-dominant arm and shoulder, resulting in residual atrophy of his left arm. Bar commenced a course of chiropractic treatment that totaled 21 visits over the course of the four months that followed the crash. He ultimately underwent disc replacement surgery on July 2, 2013, several months after he was involved in a subsequent automobile accident that he claimed caused only minor, non-related . Bar quickly commenced a short post-surgical course of physical therapy. He then resumed treatment in June 2016 for pain and atrophy in his left arm. He also received diagnostic facet injections. Bar claimed that his pain never subsided, even during prolonged periods of time that he had not sought in-person treatment. He alleged that as a result, he no longer participated in body building and fitness modeling. He stated that this has caused a loss of enjoyment in life due to the disfigurement of his body from loss of muscle and lack of physical fitness. The plaintiff’s expert orthopedist testified that Bar would need ongoing care for the rest of his life, occasional follow-up visits with a spine surgeon, future imaging updates, and consistent physical therapy and chiropractic care. Thus, Bar sought recovery of past and future medical expenses, and recovery of damages for his past and future pain and suffering, and past and future lost enjoyment of life. Defense counsel acknowledged that Bar’s cervical sprain and initial chiropractic treatment, but contended that there were multiple lengthy gaps in time during which Bar had not sought any medical care. Counsel also argued that Bar did not see an orthopedist or spine surgeon until after the subsequent collision and that multiple MRIs showed gradual degeneration between the two crashes rather than directly caused from the initial collision in question. Defense counsel introduced medical records into evidence that allegedly showed that Bar had attributed his to the second car crash when he resumed treatment. Counsel also contended that Bar had filed a civil complaint for personal from the second collision, which the court took judicial notice of at defense counsel’s request. Defense counsel further argued that Bar’s were not permanent and that Bar was still working full time. Counsel also contended that Bar had canceled future physical therapy appointments after just three post-surgery sessions. In addition, defense counsel argued that any change in Bar’s physical fitness was a natural shift in his life due to getting older and getting married, rather than a result of the subject collision.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
Similar Cases
Negligent tire repair caused serious rollover crash: family
AMOUNT:
$375,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Steep, winding road caused multiple truck crashes: plaintiffs
AMOUNT:
$32,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Dangerous highway caused fatal multiple vehicle crash: suit
AMOUNT:
$18,681,052
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Roofer claimed he needs future care after fall from roof
AMOUNT:
$6,000,000
CASE RESULT:
Plaintiff won
INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
- Show More
- Show Less
CATEGORY:
Personal Injury
Applicant claimed future care needed after fall from roof
AMOUNT:
$3,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Plaintiff: Improperly trained delivery personnel caused injuries
AMOUNT:
$4,875,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury