Case details

Rear-end crash caused lumbar fracture, plaintiff alleged





Result type

Not present

lower back, middle
On July 19, 2012, plaintiff Robert Tuomi, 51, a salesman for an exterminator company, was driving north on Interstate 5, in San Diego. As he slowed for traffic near Solana Beach, Tuomi was rear-ended by a vehicle operated by Edward Stewart III. Tuomi claimed to his middle and lower back. Tuomi sued Stewart, alleging the defendant was negligent in the operation of his vehicle. Specifically, Tuomi claimed Stewart was inattentive to slowing traffic on the highway and failed to stop his vehicle in time to avoid the impact. Stewart ultimately admitted liability for the accident after depositions., On the day after the accident, Tuomi went to an urgent care facility with complaints of pain to his middle and lower back. He was diagnosed with a compression fracture at L4-5 and treated by his orthopedist. Tuomi received physical therapy for roughly one year, as well as received two series of lumbar epidural injections. Tuomi claimed that he still deals with mid- and lower-back discomfort, but that he does not currently seek any further treatment. He claimed his condition affects sitting and standing, as well as other physical restrictions. Thus, Tuomi sought recovery of roughly $19,000 in past medical costs and approximately $20,000 in past lost earnings for six months of missed work. He also sought recovery of damages for his pain and suffering. Defense counsel conceded that Tuomi suffered a back injury from the accident and that this injury was causing Tuomi ongoing discomfort. However, defense counsel disputed that the compression fracture was causally related to the subject accident.
Superior Court of San Diego County, San Diego, CA

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