Case details

Plaintiff recovered after chiropractic care, defense argued





Result type

Not present

neck, sprains, strains
On Jan. 2, 2016, plaintiff Raymond Lange, 38, a dispatcher for a trucking company, was stopped at a stop sign behind the vehicle of Mark Eltiste in a parking lot in San Bernardino when Eltiste reversed his vehicle and struck him. Lange claimed his vehicle was pushed back, and he sustained to his neck. Lange sued Eltiste, alleging that Eltiste was negligent in the operation of his vehicle. Eltiste admitted liability for the accident., Lange claimed he suffered cervical sprains and strains. He saw a chiropractor four days later, on Jan. 6, 2016, and continued chiropractic treatment through April 14, 2016. Lange claimed he was able to return to work, but has a limited range of motion in his neck. He also claimed he continues to suffer from general neck pain, which led to issues with him being irritable. Lange alleged that as a result of his ongoing neck issues, he will eventually require an anterior cervical discectomy and fusion at the C5-6 and C6-7 levels. The plaintiff’s spinal surgery expert opined that Lange will require future surgery due to the subject accident. Lange sought recovery for his past and future medical costs, past lost earnings, and past and future pain and suffering. Plaintiff’s counsel asked the jury to award Lange $536,998 in total damages. Defense counsel agreed that Lange suffered a soft tissue injury to his neck and that Lange required chiropractic care. However, counsel argued that Lange recovered with chiropractic care and does not require any further surgery. The defense’s spinal surgery expert found that Lange’s chiropractic care of $1,600 was reasonable and necessary, that one evaluation with an orthopedic surgeon was necessary and that an MRI was reasonable. Defense counsel asked the jury to only award Lange between $15,000 and $23,000.
Superior Court of San Bernardino County, San Bernardino, CA

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