Case details

Plaintiffs claimed crash caused or exacerbated back injuries





Result type

Not present

back, cervical niations, lumbar spine, neck, soft-tissue injuries
On July 26, 2012, plaintiff Shawna Davi, 44, and her husband, plaintiff Christopher Paulson, were traveling on Franklin Avenue, in Hollywood, when a vehicle operated by Amel Sederi, a French citizen, broadsided their vehicle. Davi and Paulson each claimed to their neck and back. Davi and Paulson sued Sederi and Sederi’s employer, Jacob Holm Industries (America), Inc. Davi and Paulson alleged that Sederi was negligent in the operation of her vehicle and that Jacob Holm Industries was vicariously liable for Sederi’s actions while in the course and scope of her employment with the company. Plaintiffs’ counsel contended that Sederi made an illegal left turn, causing the collision. Sederi admitted liability., Davi and Paulson were both transported by ambulance to an emergency room and they were later sent home. Davi claimed that her pre-existing herniated cervical discs were exacerbated by the accident. She also claimed she sustained new bulging lumbar discs in the accident. Davi subsequently sought conservative treatment with her treating chiropractor and her treating orthopedic surgeon gave her two epidural injections of a steroid-based painkiller. Davi alleged that she continues to suffer chronic pain as a result of the accident and that she will require further conservative, managed care. She also alleged that she may eventually require surgery. Thus, Davi sought recovery of $58,919.60 in past medical costs and $268,000 in future medical costs for the future surgery. She also sought recovery of damages for her past and future pain and suffering. Paulson claimed that he sustained soft-tissue to his neck and back. He subsequently underwent chiropractic treatment and had no residual pain. Thus, he sought recovery for her past medical costs and past pain and suffering. Defense counsel argued that Davi sustained only minor soft-tissue to her lumbar spine, which required only short-term therapy. Counsel also argued that Davi’s cervical herniations pre-dated the accident and that the causation for her current complaints and the need for future treatment required apportionment.
Superior Court of Los Angeles County, Santa Monica, CA

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