Case details

Plaintiffs’ injuries not due to rear-end crash, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, bulging disc, fusion, lumbar
FACTS
On Feb. 14, 2011, at around 3 p.m., plaintiff Ronald Jensen, a retired 71 year old, was allegedly in a 2002 Saturn with his son, plaintiff Steven Jensen, an unemployed 41 year old, when they stopped at the intersection of Fifth Street and Arrowhead Avenue in San Bernardino. Their vehicle was ultimately rear-ended by a First Transit Access van operated by Cecilia Rodriguez. Ronald and Steven Jensen each claimed to their backs, while Ronald Jensen also claimed a right dominant shoulder injury. Ronald and Steven Jensen sued Rodriguez; the owner of the vehicle, Omnitrans; Rodriguez’s employer, First Transit Inc.; and FirstGroup America Inc. The Jensens alleged that Rodriguez was negligent in the operation of her van and that the remaining defendants were vicariously liable for Rodriguez’s actions. FirstGroup America was dismissed prior to trial, and the matter proceeded against the remaining defendants. The Jensens claimed that they were both in the vehicle when the rear-ender occurred. They also claimed Rodriguez momentarily took her eyes off the road, causing the accident and their subsequent . Defense counsel contended that both vehicles were stopped for a red traffic signal, but when the signal turned green, the Jensen vehicle moved forward and then stopped unnecessarily. Thus, counsel argued that the driver of the Jensen vehicle caused the accident by making an unnecessary stop. In addition, defense counsel noted that immediately following the impact, the Jensen vehicle fled the scene and then returned about 15 minutes later. Counsel noted that when the vehicle returned, Ronald Jensen exchanged his information, but that Steven Jensen did not appear on the scene until about 30 minutes after the accident., Ronald Jensen presented to a Veterans Affairs Hospital for soft-tissue neck and back soreness, and was diagnosed with sprains/strains. He also claimed he suffered a labral tear to his right shoulder. He subsequently underwent microsurgery to decompress the shoulder injury at Olympia Medical Center in Los Angeles. The cost of his medical bills amounted to approximately $98,000. Steven Jensen sought no hospital treatment before being lawyer-referred to a chiropractor. He claimed lumbar disc bulges at the L3-4, L4-5 and L5-S1 levels. He ultimately underwent a three-level lumbar decompression and fusion at Olympia Medical Center in Los Angeles. The cost of his medical bills amounted to approximately $400,000. Both plaintiffs had benefits through state- or federally-funded healthcare, but chose to treat outside those healthcare facilities and, instead, treat on a lien basis. Defense counsel argued that Ronald Jensen’s right shoulder injury was not caused by the accident, but was due to age and overuse. Counsel also argued that Steven Jensen’s lower back complaints were due to pre-existing problems and that his lumbar injury did not require any surgery. Defense counsel argued that the medical charges were excessive and intentionally over-billed. Counsel contended that all of the plaintiffs’ medical care was attorney-directed and involved a network of lawyers, doctors and hospitals, including a medical ‘factor’ company, Medical Acquisition Co., which funded both surgeries, but purchased the hospital receivables for about 5 percent of the amount billed.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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