Case details

Plaintiffs claimed spinal injuries from rear-end collision

SUMMARY

$2759165.52

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, herniated disc, neck, neurological, radiculopathy
FACTS
On Aug. 12, 2015, plaintiff Xochitl Garcia, 42, a stocker at Albertson’s, was driving the vehicle of her friend, plaintiff Maria Moreno, 62, who was a passenger. As they were traveling on Philadelphia Avenue, in San Bernardino County, their vehicle was struck by a vehicle operated by Adam Rowe, who was driving in the course and scope of his employment with Southern California Edison Co. Garcia and Moreno each claimed to their neck and back. Garcia and Moreno sued Rowe and Southern California Edison Co. Garcia and Moreno alleged that Rowe was negligent in the operation of his vehicle and that Southern California Edison Co. was vicariously liable for Rowe’s actions. SCE Equipment Trust 1 was also named as a defendant, but the company was ultimately dismissed from the case. Plaintiffs’ counsel contended that Rowe’s vehicle rear-ended the plaintiffs’ vehicle. Defense counsel called a witness who was operating another vehicle. The witness testified to seeing the accident, claiming that the plaintiffs’ vehicle made a lane change in front of Rowe’s vehicle and then stopped in front of Rowe’s vehicle, essentially a making a “pop and stop.” Defense counsel argued that Garcia did not know the area well, as she was driving Moreno back home, and that Garcia was about to turn onto the wrong street, so Garcia stopped to go back., Garcia claimed she sustained herniated cervical and lumbar discs at the C5-6 and L5-S1 levels, the latter of which she claimed resulted in radiculopathy. She was not taken by ambulance, but presented for medical care the next day with complaints of pain to her neck and back. She conservatively treated for a year or two before ultimately undergoing a lumbar decompression at L5-S1 and a cervical disc replacement at C5-6. Garcia took time off of from work, but she was ultimately able to return. However, it was recommended that she undergo a lumbar fusion at L5-S1 sometime in the future. Garcia sought recovery of $218,412.52 in past medical costs and an unspecified amount in future medical costs. She also sought recovery of damages for her past and future pain and suffering. Moreno claimed she sustained soft tissue to her neck and back. She was taken by ambulance to a hospital and then underwent conservative care for five or six months. Moreno did not undergo surgery. Moreno claimed that she has continuing pain to her neck and back and that she has difficulty with daily activities. She alleged that as a result, she can no longer garden. Moreno sought recovery of $7,753 in past medical costs. She also sought recovery of damages for her past and future pain and suffering. Defense counsel contended that Garcia had previously hurt her neck as well as hurt her lower back at work prior to the collision. Counsel argued that as a result, Garcia’s were all degenerative and due to her age and prior . Defense counsel also denied that Garcia needed any future surgery, as Garcia did not have any nerve compression. Plaintiff’s counsel noted that although Garcia and Moreno treated at the same location for three to four months, the defense’s expert orthopedic surgeon who testified as to Moreno opined that Moreno’s costs were reasonable, while the defense’s expert orthopedic surgeon who testified as to Garcia opined that Garcia’s costs were unreasonable.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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