Case details

Plaintiff was able to return to work after crash, defense alleged





Result type

Not present

back, brain, brain damage, brain injury, concussion, head, neck, scoliosis, scoliosis head, traumatic brain injury
On July 20, 2015, plaintiff John Athens, 56, a laborer, and another employee were being driven home from a job site by David Dailey, who owned the company they worked for, Consolidated Construction Services. As they were traveling on eastbound South Avenue, in Corning, Dailey lost control of his vehicle, which slid down a grass embankment and overturned. Athens claimed to his head and back. Athens sued Dailey and Consolidated Construction Services. Athens alleged that Dailey was negligent in the operation of his vehicle and that Consolidated Construction Services was vicariously liable for Dailey’s actions. The defendants admitted liability for the accident., Athens claimed he sustained a traumatic brain injury, which resulted in a concussion and symptoms such as loss of balance. He also claimed he suffered abrasions, and aggravations of his pre-existing scoliosis and degenerative disc disease. Athens presented St. Elizabeth Community Hospital, in Red Bluff, where he was treated and released. He then underwent conservative chiropractic treatment with periodic follow-ups with his primary care providers. Athens claimed he is left with a loss of balance, chronic back pain, and chronic radiating pain and “pulling” sensations in his groin. He alleged that as a result, he is limited in his ability to stand, sit, bend, twist and perform other movements. He also alleged that the accident rendered him unable to return to his job as a laborer, causing a loss of income for the remainder of his expected working life. In addition, Athens claimed that he will need future consultations with a neurologist and unspecified spinal surgery. Athens sought recovery of $2,708.84 in past medical expenses, which consisted of hospital visits, chiropractic treatment, and diagnostic imaging. He also sought recovery of $46,000 in past income loss, approximately $248,400 in future income loss, and an unspecified amount of damages for his past and future pain and suffering. Defense counsel denied the nature and extent of Athens’ alleged . Counsel noted that Athens returned to work for Dailey for a period of weeks following the accident and that Athens was evidently able to perform his job duties without complaint during that time. Counsel also noted that Athens had a significant, pre-existing history of spinal issues, including severe dextroscoliosis, a type of scoliosis. In addition, two prior co-workers testified that Athens made statements in the past about his desire to get injured on the job so as to be able to make a workers’ compensation claim against his employer.
Superior Court of Butte County, Butte, CA

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