Case details

Plaintiffs claimed spinal injuries from rear-end crash

SUMMARY

$35133

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, cervical, disc protrusion, head, headaches, lumbar, neck
FACTS
On Nov. 14, 2013, plaintiffs Elias Atayee, 19, a shoe salesman, and Natalia Maggio, 19, a food service worker, left a bonfire in Mission Bay and were headed to a friend’s house. However, on their way there, Maggio, who had been drinking that night, began to fall ill. As a result, Atayee, who was sober, pulled over on Moraga Boulevard, in San Diego, and began to help her. Morgana Gregory, a friend who had also allegedly been drinking that night, rear-ended their vehicle. Atayee claimed an injury to his back and Maggio claimed an injury to her neck. Atayee and Maggio sued Morgana Gregory (who was initially erroneously sued as Morgana “Roselea”), accusing her of negligently operating her car. They claimed that Gregory was not paying attention and caused the crash. Gregory conceded liability, and the case proceeded to a trial on damages., Atayee claimed he sustained a 3 millimeter lumbar disc protrusion at the L3-4 level. He subsequently saw an orthopedist a week after the crash and underwent MRIs, which revealed the protrusion. Atayee did not seek further treatment until nine months later, when he began chiropractic treatment, twice a week from July 2014 to September 2014. He then underwent physical therapy four to five times between March 2015 and May 2015. Atayee claimed that despite treatment, he continues to suffer pain to his lower back. He also claimed that his back pain made it hard for him to lift anything or exercise. Maggio claimed she sustained a 1 millimeter cervical disc protrusion. She also saw an orthopedist a week after the crash and underwent MRIs that revealed the protrusion. Like Atayee, Maggio also did not seek further treatment until nine months later, when she began chiropractic treatment, twice a week from July 2014 to September 2014. Maggio claimed that her neck continues to hurt daily and that the pain has caused her to suffer from migraines. The plaintiffs’ expert orthopedist opined that both Atayee’s and Maggio’s were causally related to the crash. Thus, Atayee and Maggio sought recovery of $100,000 in total damages for their past medical costs and pain and suffering. Defense counsel agreed to the liens on the plaintiffs’ medical bills, which delayed having to pay them until the case was resolved. However, defense counsel argued that the gaps in the plaintiffs’ treatment showed that their were not significant. The defense’s expert orthopedist opined that Atayee and Maggio each should have only needed eight weeks of chiropractic treatment and accrued no more than $2,000 each in medical bills.
COURT
Superior Court of San Diego County, San Diego, CA

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