Case details
Plaintiff: Pre-existing condition symptomatic after cash
SUMMARY
$835000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
cervical, cervical disc injury, fusion, neck
FACTS
On July 1, 2014, plaintiff Kristy Fishman, 47, a homemaker, was driving in the parking lot of a shopping mall that was located at 350 W. Hillcrest Drive, in Thousand Oaks. While she was executing a left turn through a three-way intersection, her vehicle’s left side was struck by a vehicle that was being driven by Barbara Rice, who was traveling on the cross street. Fishman claimed that she suffered an injury of her neck. Fishman sued Rice. The lawsuit alleged that Rice was negligent in the operation of her vehicle. Fishman’s counsel contended that Rice failed to stop at the limit line prior to entering the three-way intersection and that Rice’s failure to stop caused the accident. Defense counsel conceded liability. The trial addressed damages., Fishman claimed that the accident aggravated a previously asymptomatic condition of her C5-6 intervertebral disc. She began approximately eight weeks of chiropractic treatment after the accident and then was evaluated by an orthopedist in September 2014. The orthopedist suggested that Fishman consider undergoing pain management, but Fishman declined. Fishman received no other care or treatment until four years later, when she received three epidural steroid injections before undergoing disc replacement at the C5-6 level in October 2018. Fishman claimed that she will require additional medical care, including a possible adjacent segment disease-related surgery in 20 years. Fishman sought recovery of $80,000 for past medical expenses, $80,000 for future medical expenses, and damages for past and future pain and suffering. Defense counsel agreed that Fishman’s initial chiropractic care and the orthopedic evaluation were both reasonable but argued that all of Fishman’s treatment thereafter was not related to the subject accident, given the four-year gap in treatment. Counsel also argued that Fishman had no early signs of any radiculopathy, as would be expected, and introduced earlier records that identified similar neck- and arm-related complaints. Defense counsel also suggested that Fishman’s complaints during the years following the 2014 collision may have been the result of a fall Fishman had in 2016.
COURT
Superior Court of Ventura County, Ventura, 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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