Case details
Plaintiffs claimed continued pain after broadside collision
SUMMARY
$602610
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, cervical, herniated disc, knee, lumbar, meniscus, neck, sprain, strain, tear
FACTS
On Aug. 15, 2014, plaintiff Conception Diaz, 61, a housekeeper, was driving in Long Beach Plaintiff Cristina Diaz, 40, a housekeeper, was a passenger. Their vehicle was broadsided by a police vehicle operated by police officer Shannon Phillips. Conception Diaz claimed to her neck and back. Cristina Diaz claimed to her neck, back, shoulders and a knee. Conception Diaz and Cristina Diaz sued Phillips and Phillips’ employer, the city of Long Beach. The lawsuit alleged that Phillips was negligent in the operation of his vehicle and that the city was vicariously liable for Phillips’ actions. The defendants conceded liability., After the accident, Conception Diaz was taken to a hospital, while Cristina Diaz was not. Conception Diaz complained of pain to her back and neck after the accident, and she ultimately claimed she sustained herniated discs at the cervical and lumbar levels as a result of the crash. She received a series of epidural injections to the lumbar and cervical spine. Conception Diaz claimed that back and neck pain subsided after the injections and that she was eventually able to get back to her daily routine after 20 months of treatment. Conception Diaz sought recovery of past medical costs (which were on lien) and future medical costs for treatment of potential flare-ups. She also sought recovery of non-economic damages for her past and future pain and suffering. Cristina Diaz complained of a headache at the scene, but he was not taken to a hospital. She ultimately claimed she sustained herniated discs at the cervical and lumbar levels, as well as sprains and strains to the cervical level and shoulders. She also claimed she sustained a lumbar facet injury and a meniscus tear to her right knee. After retaining an attorney three days after the collision, Cristina Diaz began undergoing chiropractor care and pain management. She later saw an orthopedist, who ordered MRIs of the back, neck and knee. The MRIs showed a torn meniscus in Cristina Diaz’s right knee. The MRIs also showed 2 to 3 millimeter disc herniations in the cervical and lumbar spine, but they were all degenerative. Cristina Diaz claimed that she was an eggshell plaintiff and that her lumbar issues were aggravated by the subject collision. She underwent a series of epidural injections to the lumbar and cervical spine. She claimed that her cervical issues improved, but that her lumbar issues did not resolve. As a result, she underwent further pain management, received facet block injections to help alleviate the pain in her lumbar spine, and underwent facet rhizotomies. Cristina Diaz claimed that the headaches and the pain in her neck, knee and shoulders had all resolved, but that the pain levels in the lumbar area at the time of trial were a 4 out of 10. She alleged that she was able to go back to exercising, but that she could not lift weights or do as much as she was able to do before the collision. She also alleged that may require future medical care to treat flare-ups. Cristina Diaz sought recovery of damages for her past medical costs (where were on lien) and future medical cost for treatment of potential flare-ups. She also sought recovery of non-economic damages for her past and future pain and suffering. Defense counsel disputed the nature and extent of the plaintiffs’ . The defense’s biomechanical expert opined that the collision was too low of an impact to cause any injury to either plaintiff and that there was no real mechanism of injury, as the impact was behind the rear, driver’s side tire at an angle that would have caused only rotational forces that left no ability for injury to the neck or back. Defense counsel further argued that Cristina Diaz’s were degenerative and not caused by the subject collision. However, counsel contended that it was reasonable for the plaintiffs to have 12 weeks of physical therapy. As a result, defense counsel asked the jury to award Conception Diaz only $10,000 and award Cristina Diaz less than $50,000. In response, plaintiffs’ counsel pointed out that the plaintiffs’ expert orthopedic surgeon performs spinal surgery, in contrast to the defense’s orthopedic surgery expert, Dr. Robert Klapper, who allegedly does not perform cervical or lumbar surgeries. Plaintiffs’ counsel also contended that Klapper has made over $12 million doing forensic work, but that 99 percent of the time, he testifies that a plaintiff has degenerative and/or pre-existing issues.
COURT
Superior Court of Los Angeles County, Long Beach, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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