Case details

Plaintiff: Crash caused injuries to spine, knee and shoulder





Result type

Not present

anxiety, back, bulging disc, cervical, lumbar, mental, neck, psychological, sprain, strain, thoracic, thoracic knee
On Dec. 10, 2009, at 2:45 p.m., plaintiff Anthony Grigsby, 47, a research technician, was traveling in his 1999 Toyota truck on eastbound Phelan Road in an unincorporated area of San Bernardino County when he slowed to make a turn at the intersection with Acanthus Street and was struck by a 2008 Dodge Ram truck operated by Gregory Lee, who was traveling behind Grigsby. As a result, Grigsby’s truck rolled over into a ditch, ending up on its roof. Grigsby sued Lee and the co-owner of the Dodge Ram, Lee Mariagres. He alleged that Lee was negligent in the operation of his vehicle and that Mariagres was vicariously liable for Lee’s actions. Mariagres was ultimately dismissed prior to trial, and the matter continued to arbitration against Lee only. As a result, Grigsby was awarded $31,500 following arbitration, but Lee rejected the award. Thus, the matter proceeded to trial. Grigsby claimed that Lee failed to maintain control of his vehicle. Lee admitted liability, but defense counsel noted that Lee asserted that he developed a series of sneezing fits and was unable to avoid striking Grigsby’s vehicle., Grigsby was attended to by paramedics at the scene. He was then taken to a hospital by his wife later that day. Grigsby sustained a bulging disc in the cervical region, bilateral hand abrasions and a soft-tissue left knee injury. He also claimed trigger points in the nerves of his right dominant shoulder, which caused numbness, tingling and loss of strength. In addition, he claimed he suffered chronic myofacial pain syndrome, chronic cervical, thoracic and lumbar strains and sprains, and anxiety. Initially, Grigsby sought treatment at a Kaiser Permanente hospital, but then underwent in-office treatments and physical therapy with his treating orthopedic surgeon for approximately two months. He then underwent physical therapy with two different chiropractors, undergoing three months of treatment with the first chiropractor and another three months of treatment with the second. Despite treatment, Grigsby claimed pain in the right subscapular region, and difficulty in moving his arm and shoulder. He alleged that as a result, he was not able to work in certain positions. He also claimed a loss of grip strength, causing him to have difficulty playing sports, mainly baseball, with his son. Grigsby, a research technician for Jet Propulsion Laboratory, sought recovery of damages in excess of $8,000 for his medical expenses and in excess of $5,000 for his loss of earnings. In total, plaintiff’s counsel asked the jury to award Grigsby $422,000. Defense counsel argued that Grigsby only sustained relatively mild to moderate soft-tissue , which were grossly exaggerated by the plaintiff. Thus, defense counsel asked the jury to award no more than $11,500.
Superior Court of San Bernardino County, Victorville, CA

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