Case details

Plaintiff: Driver turned too tightly when executing left turn

SUMMARY

$665000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
cervical, fusion, herniated disc, neck, neurological, radiculopathy
FACTS
At 9:30 a.m. on Sept. 24, 2009, plaintiff Amy Guichard, 23, a student, was operating her vehicle in the far left turn lane of eastbound Manhattan Beach Boulevard in Manhattan Beach when she attempted to execute a left-hand turn onto Inglewood Avenue and collided with a rental vehicle operated by Sarah Gerwing, a German National. Gerwing was also attempting to execute a left-hand turn at the time of the collision. Guichard claimed neck from the crash. Guichard sued Gerwing and the vehicle’s owner, Enterprise Rent a Car. She alleged that Gerwing was negligent in the operation of her vehicle and that Enterprise was vicariously liable for her actions. Specifically, Guichard claimed that Gerwing turned too closely to her vehicle while executing her left-hand turn., Guichard did not go to the hospital after the accident, but instead presented to her primary care physician the next day. She claimed a cervical disc herniation at C6-7 with severe radiculopathy. Guichard completed a course of conservative treatment, including epidural injections. However, when conservative treatment was determined to be unsuccessful, she underwent a C6-7 anterior cervical discectomy, bilateral foraminotomy and anterior fusion with the insertion of a cervical plate on Sept. 8, 2011. The procedures were performed by her expert physician and treating surgeon in neurosurgery at Brotman Medical Center. Guichard initially claimed typical stiffness post-operatively, but she had a great recovery and has returned to going to the gym five days a week. Defense counsel contended that Guichard’s herniation was not caused by the accident, due to the mechanism of injury and the type of sideswipe accident that occurred.
COURT
Superior Court of Los Angeles County, Torrance, CA

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