Case details

Plaintiffs claimed rear-ender caused their spinal injuries

SUMMARY

$50000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, epidural injections, neck, soft tissue, sprains, strains
FACTS
On May 15, 2010, plaintiff Sheila Maitlen, 46, a cosmetologist, was driving her sport utility vehicle on the Oso Parkway in Mission Viejo while accompanied by her daughters, plaintiffs Toriah Maitlen, 21; Sierra Maitlen, 17; and Savanah Maitlen, 14. At approximately 4 p.m., while at the intersection of Oso Parkway and Pacific Hills Drive, the Maitlens’ SUV was rear-ended by an SUV operated by Allison Victor. The Maitlens all claimed neck and back from the impact. The Maitlens sued Victor, alleging that Victor was negligent in the operation of her vehicle. Specifically, they claimed that they were stopped for a red light at the subject intersection when Victor rear-ended their vehicle. Thus, they claimed that Victor was inattentive to the stopped traffic at the intersection and caused the crash. Victor claimed she wasn’t negligent and didn’t cause the accident. She alleged that she was behind the Maitlens’ vehicle at the subject intersection when the light turned green. However, Victor claimed that she was caused to rear-end the plaintiffs’ vehicle when Sheila Maitlen pulled forward into the intersection and then made a sudden and unexpected stop. Thus, Victor claimed that Sheila Maitlen’s negligent maneuver caused the accident., Paramedics arrived at the scene, but the Maitlens refused treatment. However, within a week later, they all presented to a chiropractor and claimed soft-tissue strains and sprains of their neck and back. Sheila Maitlen treated through Aug. 7, 2010, Toriah Maitlen treated through July 12, 2010, Sierra treated through June 25, 2010, and Savanah treated through Aug. 3, 2010. Sheila Maitlen additionally received epidural injections. The Maitlens claimed that their had mostly resolved, with only occasional aches and pains. Thus, the Maitlens’ sought recovery of damages for their past pain and suffering and past medical costs. Specifically regarding their past medical costs, Sheila Maitlen claimed $29,141, Toriah Maitlen claimed $7,633, Sierra claimed $15,878.50, and Savanah claimed $2,170. Defense counsel argued that none of the Maitlens sustained any serious injury from the accident. The defense’s undisclosed accident reconstruction expert would have testified that there was no mechanism for injury, since the impact was at a very slow rate of speed and produced forces experienced during everyday activity. In addition, the defense’s independent medical exam doctor would have testified that the treatment of all of the Maitlens’ was unnecessary, including the chiropractic care and Sheila Maitlen’s epidural injections.
COURT
Superior Court of Orange County, Santa Ana, CA

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