Case details

Rear-end crash caused bulging cervical disc, plaintiff claimed





Result type

Not present

bulging disc, cervical, neck
On April 8, 2011, plaintiff Russell Vierra, 40, a cafe owner, was driving on Winchester Boulevard in San Jose, toward an intersection with Moorpark Avenue, where he was going to attempt a right turn in a dedicated lane. However, as he stopped for oncoming traffic on Moorpark Avenue, Vierra was rear-ended by a vehicle operated by Roman Estrella, who was traveling behind him and also planning to make a right turn at the intersection. Vierra claimed an injury to his neck. Vierra sued Estrella. He alleged the defendant was negligent in the operation of his vehicle. Specifically, Vierra claimed that Estrella failed to pay proper attention and caused the rear-end collision. Estrella admitted liability for the accident., Vierra was taken from the scene of the accident by ambulance and brought to an emergency room. He claimed a neck injury, as well as some pain to his lower back that resolved quickly. Vierra then followed up with his primary care doctor and was referred to a neurologist for an MRI of his neck, which revealed a bulging cervical disc at C5-6. He subsequently had had four visits with a physical therapist, but claimed it wasn’t helping and stopped treating. Vierra claimed his treating neurosurgeon and a spine specialist recommended injections and/or surgery, but that he refused both. He claimed that as a result, he still has range of motion limitations in his neck, affecting his ability to turn his head to his left. Thus, Vierra sought recovery of damages that included $5,000 in adjusted medical costs and an unspecified amount for his past and future pain and suffering. Defense counsel contended that Vierra sustained no serious injury in what was a low-impact collision. Counsel also contended that, according to a report from an independent medical exam, whatever injury Vierra did sustain resolved within six weeks.
Superior Court of Santa Clara County, San Jose, CA

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