Case details

Plaintiff had no medical proof of her injuries, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, neck, soft tissue
FACTS
On Feb. 12, 2009, plaintiff Debi Ramos, 50, a lawyer, was driving roughly 25 mph on eastbound Locust Street in Pasadena when she was struck by a vehicle as she approached the intersection with Hudson Avenue. Jodi Gonzalez was pulling out of a driveway on the south side of Locust Street when she struck the rear of Ramos’ vehicle. Ramos claimed to her neck and back. Ramos sued Gonzalez, alleging the defendant was negligent in the operation of her vehicle. Specifically, she claimed that Gonzalez was inattentive and failed to see or yield to oncoming traffic when she pulled out of the driveway. Ramos claimed that as a result, the rear, passenger-side quarter panel of her vehicle was struck by Gonzalez. Gonzalez admitted liability for the accident, and the case proceeded to a trial on causation and damages., Ramos treated with an orthopedist the day after the accident, claiming to her neck and back. Since she had a history of back and surgery, she decided to treat conservatively with 10 months of physical therapy. Ramos claimed that her have somewhat resolved, but that she will always have residual symptoms due to her “eggshell syndrome” physical condition. She alleged that she missed work sporadically due to her treatment. She also alleged that she is now limited in her interactions with her children and other activities. Thus, Ramos asked the jury to award her damages consisting of $19,682 for her past medical costs, roughly $27,000 for her past lost earnings, and up to approximately $19,000 for her past pain and suffering. Defense counsel disputed the nature and extent of the plaintiff’s , arguing that Ramos spent the past two years building her claim for damages. The defense’s biomechanical expert testified that the accident was not of significant impact (delta force), and that the plaintiff had no X-rays or other diagnostic testing after the accident. Thus, the expert opined that Ramos’ were due to pre-existing conditions.
COURT
Superior Court of Los Angeles County, Pasadena, CA

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