Case details

Plaintiffs claimed rear-end collision caused spinal injuries

SUMMARY

$180000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, bulging disc, cervical, emotional distress, insomnia, lumbar, lumbar neck, mental, neck, psychological, sprain, strain
FACTS
On Feb. 13, 2014, plaintiff Gary Scotton, 56, a retiree, was driving his Bentley in Los Angeles with his wife, plaintiff Fernanda Da Silva, 34, unemployed, and his stepdaughter, who is Da Silva’s daughter, plaintiff Daniele Da Silva, 16, a high school student. While they were stopped at a red light in the left turn lane of southbound La Cienega Boulevard, waiting to make a turn onto Stocker Street, their vehicle was rear-ended by a Cadillac operated by Joan Tellez. Gary Scotton claimed to his back, Fernanda Da Silva claimed to her neck, and Daniele Da Silva claimed to her neck and back. Scotton, acting individually, and Da Silva, acting individually and as Daniele’s guardian ad litem, sued Tellez, alleging that Tellez was negligent in the operation of her vehicle. Peaches Stevens, who was a passenger in Tellez’s vehicle, was also named as a defendant, but she was ultimately dismissed from the case. Tellez initially claimed that both vehicles simultaneously changed lanes into the turn lane when Scotton suddenly applied his brakes. However, on the eve of trial, Tellez admitted liability., Following the collision, Scotton, Da Silva and Daniele were all taken to a hospital. Scotton claimed that he sustained bulging lumbar discs at the L4-5 and L5-S1 levels. He subsequently underwent six months of chiropractic treatment and 1.5 years of physical therapy. He also received two epidural injections and two radiofrequency ablations. Scotton claimed that he continues to have problems with bending and lifting, resulting in daily annoyances as a result of his . He alleged that as a result, he will require future treatment, including additional injections and radiofrequency ablations. Fernanda Da Silva claimed that she sustained bulging cervical disc at the C4-5 and C5-6 levels. She subsequently underwent six months of chiropractic treatment and 1.5 years of physical therapy. She ultimately received two epidural injections and two radiofrequency ablations. Da Silva claimed that she suffers from constant pain and continues to have problems walking distances. She also claimed that her cause her to have problems with sleeping, resulting in insomnia, and that she now has a fear of being in cars. Da Silva alleged that she will require future medical treatment, including additional injections and radiofrequency ablations, and a possible neck surgery. Daniele claimed that she suffered from pain to her neck and back as a result of cervical and lumbar sprains and strains. She underwent one month of chiropractic care and her ultimately resolved. The plaintiffs’ pain management expert, who treated both Scotton and Da Silva, opined that both Scotton and Da Silva needed future injections and radiofrequency ablations and that Da Silva also needed a future cervical surgery. Defense counsel would have argued that Scotton’s were pre-existing and that all of the plaintiffs’ claims were attorney driven.
COURT
Superior Court of Los Angeles County, Long Beach, CA

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