Case details

Plaintiffs: Multiple vehicle rear-end crash caused spinal injuries

SUMMARY

$390500

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
cervical disc injury, neck
FACTS
On Sept. 2, 2010, a plaintiff, a 65-year-old oral surgeon, was driving his Jaguar on Bundy Street in Santa Monica, with another plaintiff, a 50-year-old hair salon owner, in the front passenger seat. While they were fully stopped for traffic ahead, they were rear-ended by a vehicle operated by Muhammad Adaya. The impact caused a chain-reaction collision with two vehicles ahead of the plaintiffs. As a result, both the driver and passenger claimed to their neck and back. The plaintiff driver and passenger sued Adaya. They alleged the defendant was negligent in the operation of his vehicle, causing the accident and their personal . Specifically, the plaintiffs claimed that Adaya failed to slow down his vehicle in time, causing $22,000 in property damage to the plaintiff driver’s Jaguar. Adaya admitted liability for the accident., The plaintiffs drove from the scene of the accident, to an emergency room, where they were treated for neck and back pain. The plaintiff driver claimed he was a classic egg-shell case, as the accident aggravated his underlying cervical disc pathology. He subsequently underwent three months of physical therapy and two epidural injections. The driver claimed that he is candidate for spinal surgery due to the failure of conservative treatment. He alleged he now experiences right side radiculopathy and that, as an oral surgeon, his client base was reduced due to his pain and inability to perform surgeries on a full-time basis. Thus, the driver sought recovery of damages, including $20,619 in past medical costs, $100,000 in lost earnings, and an unspecified amount for his past and future pain and suffering. The plaintiff passenger claimed soft-tissue strains and sprains of her neck and back. She subsequently treated with three months of chiropractic care. The passenger sought recovery of $6,500 in past medical costs and an unspecified amount for her pain and suffering. Defense counsel disputed the nature and extent of the plaintiffs’ damages, contending that the force of impact was not substantial enough to cause a serious injury to either plaintiff. Counsel also contended that the reason for the high amount of property damage was due to the high cost of repair and parts for the plaintiff driver’s Jaguar. Defense counsel further contended that the driver had a history of cervical pain, and was under the care of several orthopedic surgeons and neurosurgeons before the subject accident. In addition, counsel contended that several specialists opined that the driver was a candidate for a cervical fusion several years before the subject accident. In response, the plaintiff driver claimed that even though he was considered a surgical candidate before the accident, he managed to live a full and healthy life, without the need for treatment or surgery. He further claimed that eight months before the subject accident, he was fully examined by his primary care doctor and was given a clean bill of health. In addition, the driver claimed that he was able to continue his busy oral surgery practice and partake in activities, such as skiing and jogging, until the September 2010 accident.
COURT
Superior Court of Los Angeles County, Santa Monica, CA

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