Case details

Plaintiff had decades of back complaints prior to crash: defense

SUMMARY

$8205.56

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, degenerative disc condition, exacerbation of, exacerbation of neck, neck, neurological, radiculopathy, spondylosis, stenosis
FACTS
On Feb. 1, 2017, plaintiff Gregory Allen, 55, a technical recruiter for a technology company in San Francisco, was driving on northbound Interstate 101, in San Rafael, when his sports car was rear-ended by a sport utility vehicle operated by Ariana Alioto. The impact of the collision pushed Allen’s vehicle into the back of another vehicle, which was in front of him. Allen claimed to his neck, back, hands and feet. Allen sued Alioto, alleging that Alioto was negligent in the operation of her vehicle. Alioto admitted liability for the accident., Allen exchanged information with the other motorists and then left the scene. He presented to his primary care physician for medical care the next day. Allen claimed he was an eggshell plaintiff and that the accident aggravated his pre-existing back conditions. He alleged that as a result, he suffered from lumbar stenosis, lumbar degenerative disc disease and lumbar radiculopathy, resulting in back pain and lumbar spondylosis-related leg pain. He also alleged that he suffered from pain to his neck, knees, and left palm and thumb, as well as problems with both feet. Allen underwent an MRI of his cervical, lumbar and thoracic spine. His treating primary care physician opined that Allen’s neck and back issues were exacerbated by the subject accident. Allen received spinal injections from a pain management doctor and then followed up at the San Francisco VA Medical Center and Santa Rosa VA Clinic. His treating pain management physician ultimately referred Allen to an orthopedic spinal surgeon, who performed a cervical discectomy and fusion on Aug. 8, 2019. Plaintiff’s counsel asked the jury to award Allen $554,357 in total damages, including $54,357 for past medical costs, $400,000 for past pain and suffering, and $100,000 for future pain and suffering. Defense counsel noted that all three drivers — Allen, Alioto and the driver of the vehicle in front of Allen’s vehicle — pulled over after the subject accident and that the driver of the first vehicle left shortly thereafter because there was no visible damage to the back of his vehicle. The police then came to the scene, the parties exchanged information, and Allen and Alioto left the scene in their own vehicles. Thus, defense counsel argued that Allen’s complaints were unrelated to the subject accident. Defense counsel argued that Allen had chronic back pain for decades prior to the accident and that the forces in the collision were not significant enough to cause any structural damage to Allen. Specifically, counsel contended that Allen had longstanding back pain since he was in the military in the 1980s and that Allen’s medical records showed that Allen was involved in a prior rear-end accident at 50 mph in 1992. Additionally, counsel contended that Allen’s medical records with his primary care physician, orthopedic doctors and Veterans Affairs, prior to the subject accident, showed chronic, ongoing and continuing neck and lower back complaints. The defense’s accident reconstruction and biomechanics expert opined that the forces of the subject accident were not significant to cause Allen anything more than transient neck and upper back issues. The defense’s radiology expert opined that there were no traumatic findings on Allen’s MRI and imaging studies, only degenerative changes. Defense counsel noted that on cross-examination of the plaintiff’s accident reconstruction and biomechanics expert, she opined that there were no signs of trauma on Allen’s MRI films. Defense counsel asked the jury to award only $2,205.56 in past medical specials, $3,000 to $6,000 in damages for Allen’s alleged past pain and suffering, and nothing for Allen’s alleged future pain and suffering.
COURT
Superior Court of Marin County, Marin, CA

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