Case details

Plaintiff: Rear-ender caused back injuries and memory loss

SUMMARY

$750000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
back, brain, brain damage, brain injury, cognition, concussion, fusion, head, herniated disc, lumbar, mental, psychological
FACTS
On Oct. 28, 2008, plaintiff Dillon LaCombe, 36, a carpenter, was stopped in traffic for a flagman on Bille Road in Paradise when he was rear-ended by Barbara Collins. LaCombe claimed injured his back and head from the accident. LaCombe sued Barbara Collins and the owner of her vehicle, George Collins. He alleged that Mrs. Collins was negligent in the operation of her vehicle and that her husband was vicariously liable for her actions. The defendants conceded liability., LaCombe was taken by ambulance to Feather River Hospital in Paradise. He sustained a concussion and herniated lumbar discs at the L3-4, L4-5 and L5-S1 levels. LaCombe ultimately underwent L4-5 and L5-S1 interbody and posterior fusion with internal fixation on Nov. 30, 2010. He also underwent a period of physical therapy both before and after the surgery. LaCombe claimed that he continues to suffer lower back pain and can no longer do physical work. He also claimed that he suffered some brain damage from the concussion, resulting in some memory loss and problems with his short-term memory. As a result of his continued lower back pain, LaCombe was out of work for two years following the accident. He ultimately did not return to his carpentry job and claimed that it was necessary for him to retrain for a new occupation. Thus, LaCombe claimed $239,000 in damages for his medical costs, $125,000 in damages for his lost wages, and an unspecified amount of general damages for his past and future pain and suffering and mental distress. Defense did not dispute damages, agreeing that LaCombe was a candidate for multi-level disc fusion surgery based on his severe back .
COURT
Superior Court of Butte County, Chico, CA

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