Case details
Plaintiff: Driver sustained herniations from rear-end collision
SUMMARY
$197071.61
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, herniated disc, neck, neurological, radicular pain, radiculitis, sciatica
FACTS
On June 16, 2015, plaintiff Lucas Kurzon, 24, an employee of Hertz Rent-a-Car, was driving in the left, number one lane of Pacific Coast Highway, also known as State Route 1, on his return trip from Los Angeles International Airport, in Los Angeles, to his office in Thousand Oaks. While stopped for a red light at the intersection with Sunset Boulevard, in the Pacific Palisades area of Los Angeles, Kurzon’s compact vehicle, which was owned by Hertz, was rear-ended by a sport utility vehicle operated by Beau Thetford. Kurzon claimed to his neck and lower back. Kurzon sued Thetford and the owner of Thetford’s vehicle, Terilyn Rawson. Kurzon alleged that Thetford was negligent in the operation of his vehicle and that Rawson was vicariously liable for Thetford’s actions. Thetford admitted liability for the accident., Kurzon claimed he sustained a 4 millimeter cervical disc herniation at the C6-7 level, a 4 millimeter lumbar disc herniation at the L4-5 level and a 6 millimeter lumbosacral disc herniation at the L5-S1 level. He was taken to a hospital, where he was treated and released. Kurzon ultimately underwent imaging, treated with three chiropractors, and had numerous visits with an orthopedic surgeon, a neurologist and two neurosurgeons. Kurzon claimed that during the time of his treatments, he suffered from neck pain with radiculopathy down his arms, lower back pain with radiculopathy down both legs, and sciatica down his legs. He also claimed he suffered from hot feet, numbness and tingling, and incontinence for a period of time. He alleged that due to continued issues with his lower back and legs, he will eventually need to undergo a microdiscectomy to his lumbar spine. Kurzon sought recovery of $42,922.61 in past medical costs and $95,000 in future medical costs. He also sought recovery of damages for his past and future pain and suffering. Defense counsel disputed the causation, nature and extent of Kurzon’s alleged . The defense’s medical experts opined that Kurzon would not have suffered anything more than soft-tissue . However, defense counsel argued during closing arguments that Kurzon suffered no at all and that all of Kurzon’s alleged were the result of age-related degeneration. In response, plaintiff’s counsel disputed the claim of age-related degeneration, noting that Kurzon was only 24 years old.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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