Case details
Plaintiff worked continuously, despite claiming injury: defense
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
back, cervical disc injury, lower back, neck, neurological, radicular pain, radiculitis, stenosis
FACTS
On Sept. 20, 2011, plaintiff Maria Canela, 42, a business owner, was in the process of pulling into a parallel parking space on a street in San Leandro. However, as she pulled into the spot head-on, the front driver’s side corner of her vehicle was struck by the side of a vehicle that was operated by Ever Rodriguez, who was attempting to leave his own parking space. Canela claimed to her neck and back. Canela sued Rodriguez, alleging that Rodriguez was negligent in the operation of his vehicle. At trial, Rodriguez conceded liability for the accident., Canela claimed she sustained mild to moderate foraminal stenosis with central canal stenosis at C5-6 and C6-7, resulting in radiating pain to her left hip, leg and foot. She also claimed soft tissue to a shoulder and an elbow. No police or ambulances were called to the scene, and Canela first presented to a chiropractor for treatment on Oct. 24, 2011. Canela claimed that she thought she would recover, so she initially delayed seeking medical care, but that she ultimately needed to treat with a chiropractor. She subsequently underwent 25 chiropractic visits with her treater through Jan. 23, 2012. She then followed up with an orthopedic surgeon on May 17, 2012, and treated with the physician 15 times through July 12, 2012. Canela also underwent an MRI on Feb. 28, 2014, which showed degenerative findings in her spine, and presented to her treating pain management expert on May 29, 2015. She ultimately had four visits with the pain management expert through December 2015, during which Canela received epidural injections to her cervical spine. Canela claimed that while her other issues had resolved, she continues to have pain in her neck and lower back, which radiates into her lower extremities. She alleged that as a result, she has lost her ability to run her secondhand clothing resale business, which she co-owned with her husband. Specifically, she claimed she can no longer fold and pack the clothes for international shipments or affectively work at her business. Canela made no claim for lost wages, but she claimed that she was recommended for additional epidural injections in her neck. The plaintiff’s expert chiropractor agreed with Canela’s treatment, and opined that it was all medically reasonable and necessary. The plaintiff’s treating pain management expert testified that all of the injections he saw Canela for were related to, and caused by, the subject accident. The expert also opined that Canela’s MRI findings were conclusive for caused by the subject accident. Thus, Canela sought recovery of $55,000 in total damages, including $1,835 in total past medical costs, inclusive of physical therapy, chiropractic care, and her MRI. Defense counsel disputed that the accident caused any of Canela’s alleged and noted that there was no major damage to either vehicle, as depicted in the photos that were presented to the jury. Counasel also noted that Canela delayed about a month before seeking medical care and that all of Canela’s medical records indicated that she was still working without restrictions after the accident. The defense’s orthopedic surgery expert did an exam of Canela and opined that it is unlikely that Canela sustained any injury from the accident, but that even if she did, Canela’s should have resolved before she even sought medical care approximately a month after the crash. Thus, defense counsel asked the jury to not award anything to Canela.
COURT
Superior Court of Alameda County, Oakland, CA
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