Case details

Plaintiff’s symptoms predated multiple vehicle crash: defense

SUMMARY

$9917.75

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
hip, hip replacement back, neck
FACTS
At around 2:30 p.m. on Nov. 5, 2013, plaintiff Cuong “Charlie” Voong, 42, a restaurant owner, was stopped in his 2007 Lexus ES350 on northbound Sunrise Boulevard, in Citrus Heights. While he was stopped, a 2000 GMC Yukon operated by Michael Campbell rear-ended a stopped Toyota Prius, which was operated by Kaylene Dill, causing it to be pushed into Voong’s vehicle. In addition, a Toyota Highlander operated by Corinne Chee rear-ended Campbell’s vehicle, causing it to be pushed into the Dill vehicle a second time. Voong claimed to his neck, back and left hip. Kaylene Dill, acting individually, and William Dill, acting as the guardian of Caleigh Dill, a minor, sued Michael Campbell; the believed owner of Michael Campbell’s vehicle, James Campbell; Ms. Chee; and the owner of Ms. Chee’s vehicle, Richard Chee. The Dills alleged that Michael Campbell, and Ms. Chee were negligent in the operation of their respective vehicles. They also alleged that James Campbell was vicariously liable for Michael Dill’s actions and that Mr. Chee was vicariously liable for Ms. Chee’s actions. Voong brought a separate suit against Michael Campbell, James Campbell, Ms. Chee and Mr. Chee. Voong also alleged that the drivers were negligent in the operation of their respective vehicles and that the owners were vicariously liable for the actions of the drivers of their respective vehicles. The matters were ultimately consolidated. The Dills later settled their claims, leaving only Voong’s action against the defendants. However, James Campbell was dismissed prior to trial, and the Chees were dismissed prior to trial on the basis that the Chee vehicle did not cause an impact to the Voong vehicle. Specifically, the parties agreed that although Ms. Dill rear-ended the Campbell vehicle, causing it to be pushed into the Dill vehicle a second time, the Dill vehicle did not strike the Voong vehicle a second time. Thus, the Voong matter continued against Michael Campbell only. The plaintiff’s retained pharmacology expert opined that Michael Campbell consumed Fentanyl, Percocet, Adderall, Ambien and Prozac within 24 hours of the accident and that Michael Campbell was wearing two 100 mcg per hour transdermal Fentanyl patches at the time of the collision, even though he was prescribed only one such patch. The expert opined that Campbell’s unstable opioid dosage impaired his ability to drive and likely contributed to the accident. Michael Campbell admitted liability for the accident at trial, but he denied consuming all of the medication alleged prior to the accident and denied any impairment from the medication., Voong alleged that he suffered an aggravation of a pre-existing health condition of ankylosing spondylitis — a rheumatological condition of inflammatory arthritis affecting the spine and large joints — in his neck, upper and lower back. He also claimed that the accident made his previously asymptomatic left hip joint become symptomatic. Voong left the scene on his own accord and first sought chiropractic treatment the next day. The chiropractor obtained X-rays of Voong’s neck and lower back, and MRIs of Voong’s lumbar spine and both hips, which confirmed ankylosing spondylitis and arthritis. Voong ultimately underwent a left hip joint replacement in June 2016, which he related to the accident. The plaintiff’s treating orthopedic surgery expert, who performed the left hip replacement, opined that Voong’s left hip replacement was causally related to the accident. The treating expert testified that Voong had degenerative arthritis in his left hip, but opined that the accident caused the arthritis to become symptomatic and progressively worsened following the crash. Voong claimed that he will require a future hip revision surgery, since he was only 45 years old at the time when he underwent the left hip replacement. Thus, plaintiff’s counsel asked the jury to award Voong $662,000 in total damages, which included $84,686.14 in stipulated past medical costs, $76,119.13 in stipulated future medical costs for the revision surgery, and the rest of past and future pain and suffering. Counsel also asked the jury award a symbolic $1 in punitive damages against Michael Campbell. Defense counsel disputed the nature and extent of Voong’s . Counsel argued that Voong’s neck, back and left hip symptoms pre-dated the accident and were not causally related to the crash. Although the parties stipulated that Voong’s medical costs were reasonable, defense counsel argued that some or all of Voong’s treatment was unnecessary. The defense’s accident reconstruction and biomechanical expert opined that, at most, Voong sustained a minor soft tissue injury to the cervical spine. The defense’s expert orthopedic surgeon opined that a soft tissue neck injury would be expected in a rear-end accident, for which several months of chiropractic treatment was reasonable. Thus, defense counsel argued that if there was a neck injury, the jury should award past medical expenses of $3,000 for chiropractic treatment and $3,000 in general damages for Voong’s past pain and suffering.
COURT
Superior Court of Sacramento County, Sacramento, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case