Case details

Plaintiff: Rear-ender caused spine and shoulder injuries





Result type

Not present

back, cervical disc niation, herniated disc, left arm, left shoulder, neck, shoulder, shoulder impingement, stenosis
At approximately 3:30 p.m. on March 22, 2012, plaintiff Sean Oliver, 32, a Rent-A-Center employee, was stopped for traffic on northbound Aerospace Highway, also known as State Route 14, in an unincorporated section of Los Angeles, when he was rear-ended by Scott Timms, who was in the course and scope of his employment with A. D’Angelo & Sons Inc. Oliver claimed to have pain in his neck, left shoulder, and left arm. Oliver sued Scott Timms and Timms’ employer, A. D’Angelo & Sons Inc. (also known as “D’Angelo and Sons”), which was doing business as Baker Paint Supply (also known as Baker’s Pain Supply Inc.) and Angel Warehouse Inc. Oliver alleged that Timms was negligent in the operation of his vehicle and that A. D’Angelo & Sons was liable for Timms’ actions while in the course and scope of his employment. The defendants admitted liability., Oliver claimed that he experienced pain in his neck, left shoulder, and left arm within hours of the collision. As a result, he presented to an urgent care clinic, where he was examined and discharged the same day. Oliver underwent approximately three months of chiropractic care, totaling about six visits. He then underwent an MRI of the cervical spine four months after the collision and he was diagnosed with a cervical disc herniation at the C3-4 level, as well as severe foraminal stenosis. Oliver was also diagnosed with an impingement of his left shoulder. In 2014, Oliver was treated with facet blocks and epidural injections, but he claimed he did not experience lasting relief from his neck and upper back pain. He also underwent arthroscopic surgery that same year to address his left shoulder impingement syndrome. Oliver claimed the shoulder surgery provided some relief, but that it did not eliminate his pain or return his range of motion. After the surgery, he participated in approximately three years of physical therapy. Oliver claimed that he was unable to work for approximately two days immediately after the crash. He also claimed that he was unable to work for approximately nine months after his shoulder surgery in 2014 and that when he did return to work, it was on restricted hours. During his first visit to workers’ compensation, about four days post-collision, Oliver was restricted in terms of the amount he could lift, and those restrictions were never lifted. At some point, he also was restricted to eight hours of work per day, with breaks every hour. In the nine months after the arthroscopic surgery, Oliver was still not cleared to work. In addition, Oliver, an athlete, claimed that he had to curtail his participation in a two- to three-times-per-week softball league. The plaintiff’s expert spinal surgeon testified that the limitations in Oliver’s left shoulder, post-surgery, were permanent. The surgeon also opined that Oliver would benefit from a discectomy and fusion at the C3-4 level. Thus, Oliver sought recovery for his future medical costs and past loss of earnings. He also sought recovery of damages for his past and future pain and suffering. Oliver’s workers’ compensation carrier, Sedgwick Claims Management Services Inc., intervened in an attempt to recover what it paid for Oliver’s past medical expenses, but it ultimately settled its claims pre-trial. Defense counsel disputed Oliver’s alleged , contending that Oliver’s foraminal stenosis was degenerative and that the MRI findings did not correlate with Oliver’s complaints. Thus, counsel argued that Oliver exaggerated his . In addition, defense counsel presented a sub-rosa video depicting Oliver at work approximately three months before the trial commenced.
Superior Court of Los Angeles County, Central, CA

Recommended Experts


Get a FREE consultation for your case