Case details
Plaintiff: Crash caused lumbar protrusions and other injuries
SUMMARY
$60800
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, disc protrusion, lumbar knee
FACTS
On Nov. 25, 2010, at approximately 9 p.m., plaintiff Lorena Salazar, 35, a homemaker, was driving west on Poway Road in San Diego when she stopped for a red light at the intersection with Springhurst Drive and was rear-ended by a vehicle operated by Joseph Stampfli. Salazar primarily claimed to her lower back, as well as to her neck, knees, right shoulder, wrist and hip. Salazar sued Stampfli, alleging the defendant was negligent in the operation of his vehicle. Stampfli admitted liability for the accident, and the matter proceeded to a trial on causation and damages., Salazar was taken from the accident by her husband, in the same vehicle, to an emergency room, where she was examined and released. Salazar then followed up with an orthopedic surgeon and complained of ongoing pain to her lower back, neck, knees, wrist, hip, and right, dominant shoulder. She subsequently underwent MRIs, which revealed 2-to-3-millimeter disc protrusions at the L4-5 and L5-S1 levels, with no nerve root impingement. Salazar was then prescribed physical therapy and chiropractic care, but did not follow through with the treatment. She later received a cortisone injection to her right shoulder in March 2011. Salazar claimed that while her other have resolved, she still experiences ongoing lower back pain and discomfort. She alleged that as a result, she is very physically limited and is unable to perform housework. Thus, she claimed she will require a future lumbar fusion at L4-5 and L5-S1. Salazar sought recovery of roughly $7,000 in past medical costs, $160,000 in future medical costs, and in excess of $1 million for her pain and suffering. Defense counsel disputed Salazar’s claim of damages. Counsel argued that all of Salazar’s sustained were soft-tissue strains and sprains that she had a good recovery from. The defense’s orthopedic surgery expert, who performed an independent medical exam of the plaintiff, testified that Salazar’s lumbar protrusions were a natural degenerative process, and that she did not require a fusion surgery. Thus, defense counsel contended that if Salazar was awarded anything, she should only be awarded $20,000 in total damages.
COURT
Superior Court of San Diego County, San Diego, CA
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