Case details
Plaintiffs claimed spinal injuries from broadside collision
SUMMARY
$35000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, bulging disc, cervical, lumbar, neck, whiplash
FACTS
On July 17, 2010, plaintiff Mark Crowder, 32, was driving his vehicle on Longview Road in Antioch with his stepdaughter, plaintiff Adriana Richmond, 12, in the front passenger seat. As they entered the intersection with Contra Loma Boulevard, their vehicle was broadsided by a vehicle operated by Jose Ramos. Crowder and Adriana both claimed neck and back from the accident. Crowder, acting individually and as guardian ad litem for his stepdaughter, Adriana, sued Ramos and the owner of Ramos’ vehicle, Ruben Ayala. Crowder alleged that Ramos was negligent in the operation of his vehicle and that Ayala was liable for accident for negligently entrusting the vehicle to Ramos. Specifically, Crowder and Adriana claimed that Ramos ran a stop sign at the four-way intersection, causing the collision. Ramos and Ayala admitted liability., Crowder and Adriana were both transported by ambulance to a hospital. Adriana sustained whiplash-type and treated with a chiropractor for four months. She claimed her resolved soon after receiving chiropractic treatment. Crowder claimed he sustained to his neck and back. He was ultimately diagnosed with a 3-millimeter lumbar disc bulge at the L5-S1 level and a small cervical disc bulge at the C5-6 level. Crowder underwent chiropractic treatment for four months, had orthopedic treatment, received two epidural steroid injections and had physical therapy. Crowder claimed that despite treatment, he still experiences back pain from prolonged sitting. He also claimed that he can no longer participate in previous activities, such as mountain biking and basketball. Crowder and Adriana did not seek special damages at trial and Crowder did not make a wage loss claim. They only sought recovery of non-economic damages. Defense counsel did not dispute Adriana’s and treatment. However, counsel contended that the MRI findings that Crowder asserted showed a pre-existing and degenerative condition. Thus, defense counsel argued that Crowder’s were not caused by the subject accident.
COURT
Superior Court of Contra Costa County, Contra Costa, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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