Case details

Plaintiff’s minor injuries should have resolved, defense argued





Result type

Not present

back, back pain, carpal tunnel syndrome, cervical, cervical disc injury, head, headache, headaches neck, lower back, neck, neurological, radiculopathy, stiffness, thoracic spine, whiplash, wrist
At approximately 5 p.m. on Dec. 12, 2012, plaintiff Kelly Lenarcic, an unemployed 42 year old, was driving a 2000 Toyota Camry CE in the number three (right-most) lane on northbound El Camino Real, in San Diego, when it was rear-ended by a 2011 Lexus RX 350 operated by Beverly Standifer. The collision occurred at almost 20 mph and the impact allegedly totaled Lenarcic’s vehicle. She claimed to her back and neck. Lenarcic sued Standifer, alleging that Standifer was negligent in the operation of her vehicle. Standifer accepted responsibility for the accident., Lenarcic claimed to her cervical and thoracic spine as a result of the accident. She alleged that as a result, she developed chronic, ongoing pain. Lenarcic subsequently sought immediate treatment with her chiropractor. On an intake questionnaire, she asserted a headache, neck and back pain, and stiffness. Her treating chiropractor ultimately diagnosed Lenarcic with cervical and thoracic whiplash, and recommended adjustments. However, he did not take any X-rays, and Lenarcic underwent seven chiropractic sessions with her treating chiropractor through Jan. 17, 2013. On Jan. 24, 2013, Lenarcic presented to a neurosurgeon and underwent an MRI, which revealed early degeneration and a 1-millimeter disc bulge at the C3-4 level, mild degeneration, moderate spinal canal narrowing, 0.5-millimeter disc “extrusions” at C4-5 and C5-6, and moderate degeneration and a 3-millimeter disc bulge at the C6-7 level with a flattening of the thecal sac. Lenarcic claimed that she was disabled and had shaking in her right hand. She also claimed she was unable to work out as a result of her condition. As a result, Lenarcic reported her numbness and tingling in her right hand to her treating neurosurgeon, who recommended conservative medical management and a possible neck surgery. Lenarcic underwent nerve conduction testing, which was administered by a physician, on May 10, 2013. The physician found evidence of moderate, bilateral carpal tunnel syndrome and right-sided radiculopathy emanating from the C5-6 level. Shen then returned to her treating neurosurgeon in April 2014 and reported that her neck range of motion was very restricted. Thus, Lenarcic claimed that she now suffers from permanent chronic pain as a result of her cervical spine . Thus, Lenarcic sought recovery of over $830,000 in past and future non-economic damages for her pain and suffering. She noted that her adjusted past medical expenses totaled $9,606.81, but she did not seek recovery for her past or future medical costs. Defense counsel disputed the cause, extent, and severity of all of Lenarcic’s alleged and damages. The defense’s experts opined that Lenarcic only suffered soft-tissue , which resolved within six months of the accident.
Superior Court of San Diego County, San Diego, CA

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