Case details

Plaintiffs claimed spinal injuries from auto accident

SUMMARY

$1200000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, head, headaches neck, herniated disc, neck, nerve impingement, neurological, radiculopathy
FACTS
On Sept. 26, 2015, plaintiff Travis Thompson, 28, a plumber and a seasonal firefighter, was driving on U.S. Route 101, also known as Redwood Highway, in Novato. Plaintiff Christina Goolis, 23, was a passenger. Their car’s rear end was struck by a trailing pickup truck that was being driven by Peter Parnow. Goolis claimed that she suffered of her back and neck. Thompson claimed that he suffered an injury of his neck. Goolis and Thompson sued Parnow. The lawsuit alleged that Parnow was negligent in the operation of his vehicle. Defense counsel conceded liability. The matter proceeded to damages., Goolis claimed that she suffered of her back and neck. She also claimed that she suffered residual headaches. After a week had passed, Goolis presented to a medical clinic. She ultimately underwent nine sessions of chiropractic treatment. Her treatment concluded in January 2016. Goolis sought recovery of damages for pain and suffering. Thompson claimed that he suffered a herniation of his C5-6 intervertebral disc. He also claimed that he developed residual impingement of a spinal nerve and resultant radiculopathy. Thompson underwent chiropractic care and painkilling injections, but he claimed that they failed to resolve his pain. On May 23, 2018, he underwent decompressive surgery that included a discectomy, which involved replacement of his C5-6 disc. Thompson claimed that the surgery resolved the radicular component of his pain, but that he continues to suffer axial pain that limits his cervical mobility. He claimed that his pain prevents his performance of his firefighting duties and has thereby ended his aspiration for a full-time career in that field. He also claimed that he will likely require painkilling facet-block injections and radiofrequency ablation in the next five years, and he further claimed that he is a candidate for interval physical therapy six to 12 times a year for five to seven years. Thompson sought recovery of future medical expenses, damages for past and future loss of earnings, and damages for past and future pain and suffering. Defense counsel contended that the forces of the impact were insufficient to have caused the claimed and that Thompson’s cervical pathology was either pre-existing or related to a construction injury that occurred after the accident. Counsel also contended that Thompson would not have been able to become a full-time firefighter even if the accident had not occurred.
COURT
Superior Court of Marin County, Marin, CA

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