Case details

Plaintiff’s alleged injuries not caused by crash, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
annular tear, back, herniated disc, lower back, neck
FACTS
At around 5:50 p.m. on Jan. 31, 2014, plaintiff Toree Hayes, 39, a general manager at Denny’s restaurant, was in her vehicle on Fair Oaks Boulevard, at the intersection with Don Way, inCarmichael, an unincorporated area of Sacramento County, when her vehicle was rear-ended by a vehicle operated by Shyanne Props. Hayes claimed to her head, neck, mid-back, lower back, and sacroiliac joint. Hayes sued Shyanne Props and the owner of Shyanne Props’ vehicle, Sharon Marie Props and Robby Props, Shyanne Props’ parents. Hayes alleged that Shyanne Props was negligent in the operation of her vehicle and that Sharon Marie Props and Robby Props were vicariously liable for Shyanne Props’ actions. The Props family conceded liability., Hayes claimed that she had immediate pain to her left buttock after the crash. She subsequently reported to her primary care physician at Kaiser with complaints of pain to her left buttock, as well as back and neck, with headaches. Hayes claimed she suffered a neck sprain; a mid-back sprain; ligamentous to the left sacroiliac joints; and herniated lumbar discs at the L3-4, L4-5 and L5-S1 levels with annular tears and an annular fissure at L3-4. She underwent discograms, X-rays, MRIs, and orthopedic consultations. Hayes ultimately received chiropractic treatment, physical therapy, and injections. Treatment then progressed to the hips and sacroiliac joint on her left side, which lead to a recommendation of an SI joint injection. As a result, she underwent left-sided sacroiliac joint injections. However, the injection provided the diagnostic findings her surgeons were looking for to recommend an SI joint fusion surgery on her left side. The plaintiff’s orthopedic surgery expert recommended an L5-S1 fusion, and an arthroplasty at L3-4 and L4-5. About 2.5 years after the accident, Hayes’ treating doctors’ diagnosed her with SI joint arthropathy, which Hayes claimed was caused by the accident. As a result, Hayes received two diagnostic SI joint injections and underwent a left-sided SI joint fusion surgery by her treating orthopedic surgeon at a Kaiser hospital in March 2017. Hayes claimed that after trying to tough it out for 10 months after the accident, she found that her made her unable to perform her duties as a manager at Denny’s. She also claimed that due to her , she would be unable to return to Denny’s and would require vocational training in a sedentary or light work occupation. Plaintiff’s counsel called a character witness to testify on Hayes’ behalf as to Hayes’ work performance before and after the accident. Counsel also noted that there was with no rebuttal witness or evidence produced to the contrary. Thus, Hayes sought recovery of $575,129.44 in total damages, including $79,277.44 for past medical expenses, $5,000 for future medical expenses, $124,177 for past wage loss, $116,675 for future wage loss, $200,000 for her past pain and suffering, and $50,000 for her future pain and suffering. Defense counsel argued that there was no evidence of any traumatic injury as a result of the accident and that if an injury were to occur, the forces involved in the accident would only support a neck sprain. Counsel also argued that none of the medical treatment related to the lumbar spine and SI joint was necessary as a result of the accident. Defense counsel further argued that none of the wage loss, past and future, was related to any injury caused by the accident. Thus, defense counsel contended that if a trier of fact believed that Hayes proved that she was injured in the minor rear-end collision, the evidence supported only a neck sprain, which should have resolved within a couple months of chiropractic care. The defense’s medical experts testified that one week of wage loss after the accident was reasonable. Thus, defense counsel suggested that if the jury believed plaintiff’s counsel proved Hayes had sustained a neck injury, Hayes should only be awarded $3,631 in past medical specials, $750 for past wage loss, and $3,000 to $5,000 in general damages.
COURT
Superior Court of Sacramento County, Sacramento, CA

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