Case details

Plaintiff: Collision caused cervical and lumbar herniations

SUMMARY

$377298

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, cervical, fusion, head, headaches, herniated disc, lumbar, neck, whiplash
FACTS
On Nov. 29, 2010, at approximately 1 p.m., plaintiff Brandy Gordon, 31, a bookkeeper, was driving on Big Bear Boulevard in Big Bear Lake when she was involved in a collision with a vehicle operated by Walter Watterson. During the course of the accident, the driver side of Watterson’s vehicle first struck the rear of Gordon’s vehicle and then made a second impact with the front passenger side. Gordon claimed to her neck and back. Gordon sued Watterson, alleging the defendant was negligent in the operation of his vehicle. Watterson claimed that a soda he was drinking began to spill while he was driving, causing him to take his eyes off the road and leading to the multiple impact collision. Thus, Watterson ultimately admitted liability for the accident., On the day after the accident, Gordon went to her primary care physician with complaints of whiplash to her neck and back, as well as a headache complaint. She was referred to a chiropractor, and began a course of treatment from December 2010 through May 2011. Gordon was also referred for MRIs, orthopedic evaluations, and neurological evaluations. She was ultimately diagnosed with cervical and lumbar disc herniations. Gordon then treated with pain management, and received epidural injections to her neck and lower back. In March 2014, she underwent a cervical fusion. Gordon claimed that she had a good result from the cervical surgery, but that the plaintiff’s expert orthopedic surgeon opined that Gordon may require another neck surgery in 20 to 30 years. Gordon also claimed that she may continue to treat her lower back with pain management. She alleged that due to her condition, she is now physically limited and is prohibited from activities she once enjoyed, such as mountain biking, snowboarding and being a cheerleading coach. She also alleged that she can’t go on roller coasters with her son, as they had planned to do. Thus, Gordon sought recovery of $176,048 in past medical costs, $75,000 in future medical costs for another neck surgery, and $300,000 in damages for her past and future pain and suffering. Defense counsel contended that the subject collision was of very low impact and that it was not a serious accident. Thus, counsel argued that Gordon’s neck surgery was a result of her active lifestyle and not related to the subject accident.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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