Case details
Rear-end collision caused shoulder injury, plaintiff claimed
SUMMARY
$9001
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
back, cortisone injections, injury, neck, rotator cuff, soft tissue, sprains, strains, supraspinatus muscle, tear, tendinitis, tendinosis shoulder shoulder, tendon
FACTS
On Nov. 9, 2010, at approximately 7 a.m., plaintiff Mario De Leon, 38, a technical support technician, was driving south on Route 57 when he was rear-ended near the Lambert Road exit in Brea by a vehicle operated by Rachel Bond. De Leon claimed to his neck, back and right shoulder. De Leon sued Bond. He alleged the defendant was negligent in the operation of her vehicle. Specifically, De Leon claimed Bond was driving inattentively in stop-and-go traffic, leading to the rear-end collision. Bond did not admit liability for the accident., Ten days after the accident, De Leon presented to a chiropractor with complaints of neck, back and right, dominant shoulder pain. He subsequently underwent roughly three months of chiropractic care, but claimed his shoulder pain persisted. In June 2011, De Leon treated with an orthopedist and was diagnosed with supraspinatus tendinosis. As a result, he received a cortisone injection to treat his right shoulder. De Leon claimed that while he has stopped treatment, he still experiences residual pain and discomfort in his right shoulder. He alleged that as a result, he has difficulty working on cars, as well as picking up and playing with his daughter. Thus, De Leon claimed $8,740 in past medical costs and sought further recovery of damages for his past and future pain and suffering. Defense counsel asserted that De Leon did not sustain any serious injury from the accident. Counsel contended that the accident involved a minor impact, which only causing $738 in property damage to De Leon’s vehicle. In addition, defense counsel contended that De Leon did not suffer from supraspinatus tendinosis, but only sustained soft-tissue strains and sprains.
COURT
Superior Court of Orange County, Santa Ana, CA
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