Case details

Plaintiffs claimed back and neck injuries from rear-ender

SUMMARY

$98403.95

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, cervical, facet syndrome, lower back, lumbar neck, neck, neurological, pain, radicular pain, radiculitis, strain
FACTS
On July 13, 2013, plaintiff Francesca Grossman, 47, an event planner and graphic designer, was driving on Magnolia Boulevard, in North Hollywood, with her daughter, plaintiffGabrielle Lipkin, 16, a student, as a passenger. After they came to a stop at a red light near the intersection with Colfax Avenue, their vehicle was rear-ended by a vehicle operated by Erin Gustafson. Grossman and her daughter each claimed to their neck and back. Grossman and Gabrielle, by and through a guardian ad litem, sued Erin Gustafson and the owner of Ms. Gustafson’s vehicle, John Gustafson, Ms. Gustafson’s father. Grossman and Gabrielle alleged that Ms. Gustafson was negligent in the operation of her vehicle and that Mr. Gustafson was vicariously liable for his daughter’s actions. The Gustafsons admitted liability for the collision., Grossman claimed cervical and lumbar strains, lumbar radiculitis, and facet syndrome as a result of the collision. Although she was not treated by emergency medical technicians after the collision, she presented to her treating chiropractor four days later, on July 17, 2013, with complaints of pain in her neck and back. Her treating chiropractor subsequently recommended X-rays of the spine and conservative care of chiropractic treatments. He then referred Grossman to her a pain management expert for treatment of alleged ongoing lower back pain. The plaintiff’s treating pain management expert then performed two epidural steroid injections of the lumbar spine within two months. Grossman claimed that despite treatment, she continues to suffer back pain. She alleged that as a result, she is no longer able to stand or sit for too long. Thus, Grossman sought recovery of $49,903.95 in past medical expenses and $150,000 in damages for her past pain and suffering. Gabrielle did not appear at trial, but the jury was allowed to consider her alleged damages. Plaintiffs’ counsel contended that Gabrielle sustained to her back and neck. Gabrielle was brought to an emergency room with complaints of pain to her back and neck, and she was subsequently treated and released. She ultimately treated with a few chiropractic sessions. Defense counsel disputed the nature and extent of Grossman’s , and the reasonableness of Grossman’s treatment and medical bills. Specifically, defense counsel argued that Grossman sustained only minor soft-tissue strains that would have resolved within a couple of months. Counsel also argued that Grossman’s pain management treatments were unrelated to the collision. The defense’s neurosurgery expert concluded that Grossman’s epidural steroid injections to the lumbar spine were not medically indicated because findings on the lumbar MRI showed mild canal stenosis without significant nerve root compression. Thus, defense counsel argued that Grossman should only be awarded $11,500 in total damages.
COURT
Superior Court of Los Angeles County, Torrance, CA

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