Case details

Plaintiffs claimed spinal injections needed after crash

SUMMARY

$182000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, lumbar facet injury, neck
FACTS
On May 13, 2017, plaintiff Timothy Baggs, 28, a recruiter for the U.S. Marine Corps, was driving with his wife, plaintiff Mitsuru Baggs, 35, a homemaker, in the front, passenger seat. As they were traveling on Crenshaw Boulevard, in Torrance, their vehicle was rear-ended by a vehicle operated by Joseph Paparella. Mr. Baggs claimed to his neck and lower back, and Ms. Baggs claimed to her neck. Mr. Baggs and Ms. Baggs sued Paparella and Paparella’s employer, Avanti Electric Co. Inc. The Baggses alleged that Paparella was negligent in the operation of his vehicle and that Avanti Electric Co. was vicariously liable for Paparella’s actions. The defendants admitted liability for the collision., After the collision, Mr. Baggs drove himself and his wife to Providence Little Company of Mary Hospital, in Torrance. They both claimed they suffered facet in the crash, and then sought follow-up care from a military-based physician, whom they saw three or four time before undergoing chiropractic care. Mr. Baggs specifically claimed he sustained facet to his cervical spine at C3-4, C4-5 and C5-6. He also claimed he sustained facet to his lumbar spine at L3-4, L4-5 and L5-S1. After being seen at the hospital and having three or four visits with a military-based physician, Mr. Baggs presented to a chiropractor, who gave Mr. Baggs three facet injections to his lumbar spine and one facet injection to his cervical spine. However, Mr. Baggs had a flare-up of pain in his neck eight months later, so he received another facet injection to his cervical spine by his chiropractor. Plaintiffs’ counsel contended that Mr. Baggs’ MRIs were normal, which confirmed that the pain generator was solely in the facet joints. Counsel also contended that Mr. Baggs continues to suffer from residual neck and back pain, but he did not make a claim for any future medical care. Mr. Baggs also did not seek any loss of earnings. Mr. Baggs sought recovery of past medical costs, and damages for his past and future pain and suffering. Ms. Baggs specifically claimed that she suffered facet to her cervical spine at the C3-4, C4-5 and C5-6 levels. After being seen at the hospital and having three or four visits with a military-based physician, Ms. Baggs presented to a chiropractor, who administered one facet injection to her cervical spine. Ms. Baggs claimed that she continues to suffer from residual neck pain, but she did not seek recovery for future medical costs. Ms. Baggs sought recovery of $46,275 in past medical costs, and an unspecified amount of damages for her past and future pain and suffering. Defense counsel disputed the nature and extent of the plaintiffs’ treatments. Counsel contended that the plaintiffs had excessive treatment, which was unnecessary, and that their medical bills were too high. Defense counsel also contended that no radiculopathy was shown for either plaintiff, so they should not have had any injections. Instead, defense counsel argued that the plaintiffs’ alleged should have been resolved after undergoing chiropractic care.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case