Case details

Plaintiffs claimed spine and knee injuries from rear-ender




Mediated Settlement

Result type

Not present

back, cervical, fusion, herniated disc, knee, lumbar, meniscus, neck, neurological, radiculopathy, sprain, strain, tear, thoracic
On July 12, 2011, plaintiff Carl Davidson, 49, was driving a 1997 BMW 740 with his sister, plaintiff Laura Croymans, 56, as a front seat passenger and his teenage sons, plaintiffs Justin Davidson and Jeremy Davidson, minors, in the rear passenger seats. They were traveling on westbound Victory Boulevard, in Van Nuys, and came to a stop at the intersection with Sepulveda Boulevard. While stopped, their BMW was rear-ended by a 2002 Honda Civic, operated by Marion Rostad, 86, pushing the BMW into the vehicle in front of it. The vehicles were totaled with over $6,500 in damage each. The occupants of the BMW all claimed from the accident. Carl Davidson, acting individually and as the guardian ad litem for Justin and Jeremy, and Croymans, individually, sued Rostad. Rostad died of unrelated causes within six months of the accident. Thus, the matter continued against Rostad’s estate. Plaintiff’s counsel contended that Rostad was negligent in the operation of the Honda. It was undisputed that Rostad was on her way to a hospital to visit her adult son, who had just had a heart attack. Upon entering the intersection, Rostad inadvertently put her foot on the gas, instead of the brake, and struck the plaintiffs’ stopped BMW. The estate ultimately settled with Justin and Jeremy for $4,000 each. The matter then proceeded to a mediation regarding the alleged damages of Carl Davidson and Croymans., Carl Davidson claimed he suffered sprains and strains of the cervical, thoracic and lumbar spine. He also claimed he suffered a torn meniscus of the left knee, and herniated lumbar discs at the L4-5 and L5-S1 levels with radiculopathy. Davidson subsequently underwent chiropractic care, multiple MRIs, and three epidural injections of a steroid-based painkiller to his lumbar spine. He ultimately underwent surgery that included a discography and discectomy on Dec. 18, 2012. Davidson claimed that he fully recovered after the surgery. Thus, he sought recovery of $94,404.70 in past medical costs for the chiropractic care, MRIs, and epidural injections, and $49,000 for the discography and discectomy. He also sought recovery of $109,200 in damages for his past pain and suffering. Croymans claimed she suffered herniated lumbar discs at the L4-5 and L5-S1 levels with radiculopathy. She also claimed she suffered a Grade 3 lateral meniscus tear of right knee, and sprains and strains of the cervical, lumbar and thoracic spine. Croymans underwent arthroscopic surgery on the right knee, multiple MRIs, and three interlaminar epidural injections to the lumbar spine. She also underwent three sacroiliac joint injection injections, followed by four transforaminal epidural injections to the lumbar spine, and then fusion surgery. Croymans claimed that despite treatment, she continues to suffer pain. Thus, she sought recovery of $260,000 in past medical costs, $149,640 in damages for her past pain and suffering, and $10,800 in damages for her future pain and suffering.
Superior Court of Los Angeles County, Los Angeles, CA

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