Case details

Plaintiff: Motorcycle crash aggravated asymptomatic conditions

SUMMARY

$573329.78

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, bulging disc, fracture, lumbar
FACTS
On March 8, 2007, at approximately 1 p.m., plaintiff Joe Egan, 40, a construction site trash hauler, was stopped on his motorcycle in the center of the left turning lane, waiting to turn from westbound Camden Avenue onto southbound Union Avenue in Campbell. When the light turned green, he paused long enough for the cars in front of him to proceed and as he was preparing to move forward, his motorcycle was struck from behind by a sport utility vehicle operated by Joy Bowen. Egan’s motorcycle was subsequently propelled forward approximately one to two car lengths and then went down on Egan’s right side. Egan sued Bowen for motor vehicle negligence. He claimed that Bowen began moving her vehicle when it was unsafe to do so. Bowen claimed that Egan had stopped abruptly after beginning to move forward and was therefore also negligent., Egan declined treatment at the scene and was seen by his chiropractor the next day. Egan sustained a wedge-shaped T12 fracture, lumbar disc bulges at the L3-4 and L4-5 levels, and sprains and strains. He also claimed an aggravation of his pre-existing spinal degeneration. Plaintiff’s counsel noted that in 2001, Egan had been declared disabled due to a T8 compression fracture and lower back pain with symptoms of sciatica. On Jan. 1, 2009, Egan was in a subsequent auto accident where a smaller car broadsided his work truck. Egan testified that he was virtually asymptomatic immediately prior to this subsequent accident and that he began experiencing renewed back pain following the second accident. As a result, he underwent chiropractic treatment, epidural and facet injections, and physical therapy from the time of the accident forward. Egan continued working eight days after the accident. However, he claimed ongoing back pain from the date of the accident that was initially alleviated by injections, but later deteriorated over time. He also claimed his mobility, including bending, lifting and stretching, and enjoyment of life have been affected. The plaintiff’s orthopedic surgery expert testified that epidural injections can be effective for up to one year, which was uncontradicted. Additionally, the expert testified that Egan would require orthopedic visits, pain management consultations and a vertebroplasty, which he opined was effective to help with the wedge-shaped T12 fracture. Defense counsel argued that all , except the soft-tissue , were either pre-existing or caused by the subsequent accident.
COURT
Superior Court of Santa Clara County, Santa Clara, CA

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