Case details

Plaintiff: Other driver turned in front of her and caused crash





Result type

Not present

cervical, fusion, neck
On May 11, 2009, plaintiff Omega Mitchell, 49, a nurse, was on westbound 10th Street in the city of Long Beach when a vehicle operated by Eunrin Kim made a left turn in front of her, resulting in a collision. Mitchell sustained to her neck and back with pain radiating to her arms. Mitchell sued Eunrin Kim for motor vehicle negligence. She also sued Dae Sook Kim, but that defendant was ultimately dismissed from the case after it was discovered that she did not own the vehicle, and that Eunrin Kim was both the owner and insured. Mitchell contended that Eunrin Kim made an illegal left turn from 10th Street, causing a collision when Kim turned in front of her vehicle. Kim contended that Mitchell was comparatively negligent because she was speeding, and that Mitchell’s speed was the reason she could not avoid the collision. She also claimed that Mitchell could be up to 20 percent at fault for the collision., Mitchell claimed to her neck and back. She was not treated at the scene or taken to a hospital on the day of the accident, but she later underwent an MRI on May 15, 2009, which showed moderate degenerative disc disease at the C4-5 level that likely impinged the bilateral existing nerve roots. In addition, there was moderate narrowing of the central canal. Mitchell alleged that every aspect of her life was impaired and she could not function in the same capacity that she was used to. She also alleged that she missed a few days of work following the collision due to pain. However, after three years of living in constant pain, she went through with a fusion surgery of her cervical spine at the C4-5 level on May 8, 2012. Following the surgery, she was instructed not to return to work for at least two weeks, but the surgery was considered a success and Mitchell claimed that for the first time in three years, the numbness in her arms is gone.
Superior Court of Los Angeles County, San Pedro, CA

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