Case details
Plaintiff: Multiple-vehicle rear-ender caused spinal injuries
SUMMARY
$60000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
back, epidural injections, neck, soft tissue, sprains, strains, trigger point injection
FACTS
On July 1, 2009, at approximately 5:50 p.m., plaintiff Nicholas Pelczar, a 31-year-old unemployed man, was driving east on State Route 1 in Anaheim when he was involved in a three-vehicle rear-end collision. During the accident, Pelczar was struck by a vehicle operated Janell Marcella Contreras and rear-ended the vehicle in front of him. Pelczar claimed to his neck, back and upper extremities as a result of the accident. Pelczar sued Contreras and the owner of the Contreras vehicle, Oskar Lu. He alleged Contreras was negligent in the operation of her vehicle and that Lu was vicariously liable for her actions. Specifically, Pelczar claimed that Contreras initiated the chain-reaction collision in stop-and-go traffic. Plaintiff’s counsel further contended that the police report from the accident reflected that Contreras rear-ended Pelczar, pushing his vehicle into the vehicle in front of him. Contreras disputed the cause of the chain-reaction collision, arguing that she did not initiate the rear-ender., Pelczar complained of back pain at the scene of the accident and was transported by ambulance to an emergency room. He ultimately claimed soft-tissue strains and sprains to his neck, back and upper extremities. Pelczar subsequently treated with chiropractic care, three sets of trigger point injections and two epidural injections, with treatment lasting beyond 2012. Pelczar claimed he still experiences ongoing neck and back pain, and his treating and expert orthopedists opined that he is a candidate for lower back surgery. Thus, Pelczar sought recovery of damages in excess of $42,000 for his past medical costs, and an unspecified amount of damages for his future medical costs, and past and future pain and suffering. Defense counsel disputed the causation and extent of Pelczar’s , as well as the reasonableness of medical treatment and the need for future medical treatment/surgery as claimed by the plaintiff.
COURT
Superior Court of Orange County, Santa Ana, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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