Case details

Plaintiffs claimed bulging lumbar discs from rear-ender

SUMMARY

$52200

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, bulging disc, lumbar
FACTS
On March 7, 2011, plaintiff Jeannette Tello, an unemployed 28 year old, was driving on Soledad Canyon Road, in Santa Clarita, accompanied by her mother, plaintiff Nydia Tello, an unemployed 62 year old, and her sister, plaintiff Maria Tello, an unemployed 34 year old. At approximately 10 p.m., while turning into the driveway of their motor park home, the Tellos were rear-ended by a Los Angeles County sheriff police cruiser operated by Sheriff’s Deputy Jason Rodney. The Tellos all claimed back from the collision. The Tellos sued Rodney and his employer, the county of Los Angeles. The Tellos alleged that Rodney was negligent in the operation of his vehicle and that the county was vicariously liable for Rodney’s actions through the course and scope of his work. The Tellos claimed that they were traveling between 5 and 10 miles per hour when Rodney, traveling between 35 and 40 mph, rear-ended their vehicle. They contended that Rodney was looking at the computer screen in his car as he was receiving an incoming call and that he was inattentive to traffic at the time of the accident. Rodney admitted liability for the accident, and the matter proceeded to a trial on damages only., Nydia Tello was taken by ambulance to the emergency room from the scene of the accident, while both Maria and Jeannette Tello presented to a chiropractor within a week of the accident. The Tellos all claimed back consisting of bulging lumbar discs. They each subsequently treated with roughly four or five months of chiropractic care, as well underwent orthopedic consultations consisting of MRIs. Jeanette and Nydia Tello ultimately settled with the defendants for $15,000 each, leaving only Maria Tello the sole plaintiff at trial. Maria Tello claimed that she sustained a more serious 6- to 7-millimeter disc bulge at L5-S1. She subsequently received three epidural injections to her lower back and claimed a fourth injection has been scheduled. Maria Tello claimed that while her neck condition has resolved, she still experiences residual lower back pain, causing general physical limitations. Thus, she sought recovery of $13,000 in past medical costs, upwards of $15,000 to $20,000 in future epidural injections, $125,000 for future back surgery, $30,000 in damages for her past pain and suffering, and $200,000 for her future pain and suffering. Defense counsel disputed the nature and extent of Maria Tello’s alleged injury and damages. Counsel argued that Maria Tello’s injury, which was caused by a very minor impact, was soft-tissue in nature. Counsel also argued that Maria Tello over-treated her injury and that she did not require any future treatment consisting of injections or surgery. Defense counsel further argued that Maria Tello’s ongoing lower back condition was due to degeneration and her weight. In addition to calling three experts to testify, defense counsel showed the jury a sub-rosa videotape of Maria Tello to dispute her claim of ongoing pain and suffering.
COURT
Superior Court of Los Angeles County, Van Nuys, CA

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