Case details

Plaintiff had back problems before crash, defense argued





Result type

Not present

back, facet syndrome, facet syndrome neck, neck
Plaintiff Victor Hernandez, 52, a maintenance supervisor for the city of Los Angeles, was traveling on El Segundo Boulevard, in Los Angeles, when his vehicle was broadsided by a vehicle operated by Cheryl Hyland, who was making a left-hand turn from the opposite direction of El Segundo Boulevard into a business driveway. Hernandez claimed to his neck and back. Hernandez sued Hyland and the owner of Hyland’s vehicle, Robert Rice. Hernandez alleged that Hyland was negligent in the operation of her vehicle and that Rice was vicariously liable for Rice’s actions. Specifically, Hernandez claimed that Hyland violated his right-of-way. Hyland admitted liability, and Rice was dismissed from the case., Hernandez claimed the collision caused facet joint syndrome — pain at the joints between vertebrae in the spine — to his neck and back. He claimed his required physical therapy and two injections. Hernandez claimed that although he was able to return to work, he will need future care for his facet . Hernandez sought recovery of $33,000 in past medical costs. He also sought recovery of unspecified amounts for his future medical costs, and past and future pain and suffering. Defense counsel argued that the subject accident was not a substantial factor in causing Hernandez harm, noting that Hernandez was involved in three prior accidents with the last accident occurring one year before the subject collision. Counsel argued that if Hernandez was harmed in the subject crash, he only sustained soft tissue , which should have resolved in six to eight weeks. Defense counsel further contended that Hernandez had numerous gaps in treatment, including not receiving the injections until two years after they were recommended.
Superior Court of Los Angeles County, Los Angeles, CA

Recommended Experts


Get a FREE consultation for your case