Case details

Plaintiff: Near head-on crash caused neck and shoulder pain

SUMMARY

$1031278.77

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
bulging disc, cervical, fusion, glenoid labrum, neck, shoulder, shoulder impingement, tear
FACTS
On Aug. 29, 2015, plaintiff Eric Zandonella, 55, a heavy-duty diesel mechanic, was driving on westbound Placerville Drive, in Placerville, when a sport utility vehicle operated by Gary Spakosky attempted a left turn onto the on-ramp for U.S. Route 50, also known as Lincoln Highway, from eastbound Placerville Drive. As a result, Spakosky collided nearly head-on with Zandonella’s pickup truck. Zandonella claimed to his neck and left shoulder. Zandonella sued Spakosky, alleging that Spakosky was negligent in the operation of his vehicle. Spakosky conceded liability., Zandonella claimed that he sustained bulging cervical discs at the C5-6 and C6-7 levels. He also claimed he sustained a glenoid labral tear of his left, dominant shoulder, resulting in an impingement of his shoulder’s rotator cuff and atrophy of the trapezius muscle. Zandonella was taken by ambulance to a hospital. He then underwent physical therapy from September 2015 to September 2016. However, he required arthroscopic surgery on his left shoulder followed by additional physical therapy from January 2018 through February 2018. Zandonella ultimately required a cervical fusion in July 2016 and then a second arthroscopy on his left shoulder to repair the impingement in December 2018. Zandonella claimed that despite treatment, he continues to have pain in his left shoulder, neck and lower back. He alleged that he was able to return to work, but that he was placed on a modified work routine given his range of motion limitations and inability to lift heavy objects. Zandonella claimed that he will eventually need a third arthroscopy to re-repair the glenoid labral tear in his left shoulder and close the tear. The plaintiff’s expert orthopedic surgeon opined that the subject collision was the cause of Zandonella’s neck injury. The expert also opined that Zandonella’s shoulder injury was either caused by the subject collision and the pain was masked by the neck injury or that the spinal fusion surgery left Zandonella with ongoing nerve damage in his left shoulder, which caused the pain. The expert further opined that Zandonella’s left shoulder needed another arthroscopic surgery to close the glenoid tear. Plaintiff’s counsel asked the jury for “full and fair compensation” of Zandonella’s alleged and damages. Defense counsel argued that Zandonella’s pain was due to work-related wear and tear on his body that pre-dating the accident and that Zandonella’s shoulder and neck pain were due to arthritis. The defense’s expert orthopedic surgeon opined that Zandonella’s shoulder pain began too remote in time to be related to the subject collision and that the pain in the shoulder was not masked by spinal pain.
COURT
Superior Court of El Dorado County, El Dorado, CA

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