Case details

Plaintiff’s subjective complaints not caused by crash: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
carpal tunnel syndrome, cervical, head, headaches, neck, sprain, strain, wrist
FACTS
On June 15, 2016, plaintiff Dale Pincourt, 65, was driving on the eastbound side of Wilshire Boulevard, near its intersection at Santa Monica Boulevard, in Beverly Hills. Her car’s rear end was struck by a trailing sport utility vehicle that was being driven by Termeh Toufanian. Pincourt claimed that she suffered of her arms, her back, her head, her legs and her neck. Pincourt sued Toufanian. The lawsuit alleged that Toufanian was negligent in the operation of her vehicle. Defense counsel conceded liability. The trial addressed damages., Pincourt claimed that she sustained a cervical sprain and strain with radiating pain. She also claimed that she suffered soft-tissue of her back, arms, left hip and legs, resulting in additional radiating pain. She further claimed that she suffered headaches as a result of the accident. Pincourt first sought treatment three weeks after the accident and received recommendations for surgery to her cervical and lumbar spine. Pincourt claimed that she eventually developed pain in both wrists as a result of mild carpal tunnel compression. She underwent surgery on her right wrist just before trial. Pincourt sought recovery of $70,000 in total damages, including $12,000 to $13,700 for past medical costs and $50,000 for pain and suffering. Defense counsel noted that, after the accident, Pincourt’s car had a repair estimate of $1,132.12 to the rear bumper with no frame damage. Counsel also contended that Toufanian’s SUV had no visible damage, so no repair estimate was prepared. Defense counsel argued that there was no mechanism of injury and that Pincourt’s symptoms were all the result of long-term, chronic, degenerative conditions. According to defense counsel, Pincourt’s expert orthopedic surgeon admitted that there were no acute findings in Pincourt’s imaging and that there were essentially only normal degenerative changes for a woman in her mid-to-late 60s. According to defense counsel, the expert admitted that he did not know the cause of Pincourt’s subjective complaints of pain.
COURT
Superior Court of Los Angeles County, Alhambra, CA

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