Case details

Plaintiff: Speeding driver caused multiple-vehicle crash

SUMMARY

$250000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, bilateral foraminal stenosis;, herniated cervical disc, neck, severe stenosis
FACTS
On Feb. 13, 2013, plaintiff Diana Todaro-Vorsheck, 64, an attorney, was driving a Lexus HS 250h on the southbound Santa Ana Freeway, also known as Interstate 5, in Laguna Hills, when the traffic in front of her slowed to a standstill. As a result, she came to a complete halt behind a Toyota Camry. However, a Honda CR-V operated by Adel Iskander, who was traveling behind Todaro-Vorsheck’s vehicle, collided with the rear-end of Todaro-Vorsheck’s vehicle, causing Todaro-Vorsheck’s vehicle to be propelled forward into the Toyota Camry in front of her. The collision caused major damage to all the vehicles, and Todaro-Vorsheck claimed to her neck. Todaro-Vorsheck sued Iskander, alleging that Iskander was negligent in the operation of his vehicle. Todaro-Vorsheck also sought further recovery via the supplementary-underinsured-motorist provision of her own insurance policy, which was administered by Kemper Insurance Cos. Plaintiff’s counsel contended that, according to the police report, Iskander was traveling at “an unknown but unsafe speed,” which prevented him from applying the brakes in time to avoid the collision. Thus, Todaro-Vorsheck claimed that Iskander’s vehicle struck her suddenly and without any warning and that the force of the impact caused her to be propelled into the vehicle in front of her, resulting in a second impact. Iskander told the investigating officer that he was driving under 60 mph when the traffic ahead of him stopped. He claimed that the traffic then accelerated forward and that he did as well, but that Todaro-Vorsheck’s vehicle stopped suddenly in front of his vehicle. He alleged that as a result, he could not stop in time to avoid the collision., Todaro-Vorsheck claimed that she experienced immediate pain to her neck, back, and head after the collision. She subsequently drove herself to a hospital. Todaro-Vorsheck was ultimately diagnosed with a herniated cervical disc at the C5-6 level with severe stenosis, as well as bilateral foraminal stenosis; a herniated cervical disc at the C4-5 level with an osteophyte and some mild mass effect on the thecal sac; and cervical anterolisthesis, in which the drum-shaped area in front of the C4 vertebra slipped forward onto the C5 vertebra below it, causing a limitation of flexion and extension. Although she was a surgical candidate for a multi-level cervical anterior discectomy and fusion at the C4-5, C5-6, and C6-7 levels, Todaro-Vorsheck sought continued nonsurgical management, including five rounds of epidural steroid injections over the course of nearly two years. Thus, Todaro-Vorsheck sought recovery of $14,254.29 in past paid medical expenses. She also sought recovery of damages for her pain and suffering.
COURT
Superior Court of Orange County, Orange, CA

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