Case details

Plaintiff: Three-vehicle rear-ender caused multiple injuries





Result type

Not present

arms, bulging disc, cervical, disc protrusion, elbow, lower back, neck, radial collateral ligament, right hip, shoulders, tear
On Oct. 22, 2011, plaintiff David Revill, a retired 72 year old, was stopped behind a public transportation bus in the northbound lane of Beach Boulevard, near Lampson Avenue in Stanton, when his 2005 Chrysler Town and Country minivan was rear-ended by the vehicle behind him, which was previously struck by a 2007 Toyota Camry driven by Michael McCain. Revill claimed to his neck, shoulders, arms, lower back, and right hip. Plaintiff Constance Brower, 70, who was a passenger in Revill’s vehicle at the time of the collision, claimed to her neck, and middle and lower back. Revill and Brower sued McCain, alleging that McCain was negligent in the operation of the Toyota Camry. Brower ultimately settled out of the case, and the matter proceeded to a binding arbitration with only Revill’s claims against McCain. Revill’s counsel contended that Revill’s minivan was in a stopped position when McCain caused the three-car collision by rear-ending the vehicle directly behind Revill. Counsel contended that the force of the impact from McCain’s Toyota Camry caused the vehicle in front of him to rear-end Revill’s minivan. McCain accepted full responsibility for the accident., Revill claimed that he sustained a 4-millimeter broad-based, left paracentral disc protrusion at C4-5 with associated disc desiccation and loss of disc height. He also claimed he sustained a 2-millimeter broad-based central focal disc protrusion at C5-6, a disc desiccation with slight disc bulging at C6-7, and slight disc bulging at T2-3. In addition, he claimed he sustained a high-grade, partial thickness tear of the humeral insertion of the exterior tendon; a complete, or near-complete, tear of the humeral insertion of the radial collateral ligament; a mild strain of the humeral insertion of the anterior band of the ulnar collateral ligament; a large joint effusion; and a complex tearing and tendinitis of the right shoulder’s distal supraspinatus and infraspinatus tendons, with a full thickness tear noted at the anchor of the supraspinous tendon. Revill underwent chiropractic treatment to improve his right shoulder. However, after he allegedly had little improvement, his orthopedic surgeon determined that surgery was necessary to repair the partially torn rotator cuff. Revill claimed that the first surgery resolved his pain symptoms temporarily, but that he continued to suffer from ongoing weakness and instability. He also claimed that despite physical therapy, his pain returned, coupled with weakness and instability. Revill claimed that as a result, he required a second rotator cuff surgery to repair a complete tear. After the second surgery, Revill underwent seven months of physical therapy for his shoulder. Defense counsel contended that Revill had pre-existing degenerative joints in his right shoulder. Thus, counsel asserted that the accident was not the cause of Revill’s limitations, pain, or treatment sought. Prior to arbitration, the parties established $50,000/$15,000 high/low agreement, which was not disclosed to the arbitrator.
Superior Court of Orange County, Orange, CA

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