Case details

Plaintiff: Rear-ender cause of shoulder injury

SUMMARY

$21173.04

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, lower back, neck, shoulder, shoulder impingement
FACTS
On Oct. 4, 2008, plaintiff Ryan Colello, a manager for a construction company in his late 20s, was operating his 2006 GMC Sierra truck on southbound Interstate 280 in San Jose with his wife, plaintiff Randi Colello, a student in her late 20s, in the passenger seat. When the Colellos’ vehicle came to a stop, it was rear-ended by an Isuzu box truck operated by Juan Armenta, who was employed by Bob Morris. Mr. Colello claimed to his neck and back, while Mrs. Colello claimed to her back and right shoulder. The Colellos sued Armenta and Morris. They alleged that Armenta was negligent in the operation of the box truck and that Morris was vicariously liable for Armenta’s actions. The defendants stipulated to liability., The Colellos were not treated at the scene or taken to a hospital. Mr. Colello presented to a chiropractor on Oct. 8, 2008, and complained of soft-tissue neck and lower back . He subsequently treated with one session of chiropractic care and his resolved within two weeks of the subject collision. Mrs. Colello presented to a chiropractor on Oct. 17, 2008, and claimed soft-tissue upper, mid- and lower back . She attempted conservative treatment with physical therapy, chiropractic care and two epidural injections. Six months after the subject collision, Mrs.Colello was diagnosed with rotator cuff tendonitis and impingement syndrome of the right shoulder. She subsequently continued conservative treatment until Dec. 22, 2011, when she underwent a shoulder arthroscopy, which relieved her symptoms. Mr. Colello’s total medical bills amounted to $140 and Mrs. Colello’s total medical bills amounted to $28,083.12. They also sought recovery of damages for their pain and suffering. The defense’s orthopedic and injury biomechanics experts opined that the mechanism of injury did not exist in the rear-end collision to cause Mrs. Colello’s rotator cuff tendonitis and shoulder impingement syndrome.
COURT
Superior Court of Santa Clara County, Santa Clara, CA

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