Case details
Rear-ender aggravated prior spinal condition, plaintiff alleged
SUMMARY
$60000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
aggravation of pre-existing condition, back, neck, pain
FACTS
On Sept. 29, 2012, plaintiff Alex Davis, 37, a claims adjuster, was operating his vehicle on California Boulevard, in Redwood City. As he slowed at a railroad crossing, his vehicle was rear-ended by a vehicle operated by Anna Cadona, who was traveling at 10 mph. Davis claimed to his neck and back. Davis sued Cadona, alleging that she was negligent in the operation of her vehicle. Auctions America by RM Inc., RM Auctions Inc. and Military Vehicle Technology Foundation were at one time named as defendants in the case, but they were ultimately dismissed. Thus, the matter continued against Cadona only. Cadona admitted liability., Davis claimed that he had disc disturbances in his neck and back that were caused by the accident. He subsequently underwent several rounds of physical therapy, and received cortisone, trigger point, and epidural injections. Davis admitted that he had a pre-existing back condition, but claimed that he had no pain before the crash. Thus, Davis claimed that he was vulnerable to injury and that the accident caused his subject . Following treatment, Davis claimed that he currently has no limitations. He is now 40, and he alleged he had no lost wages as a result of the crash. However, he claimed he will require injections, medication, and treatment for pain over the next 37 years. Thus, Davis sought recovery of $44,000 in past medical bills and in excess of $100,000 for his future medical bills over the next 37 years. He also sought recovery of damages for his past and future pain and suffering. Defense counsel noted that Davis did not go to a hospital after the accident and only later presented for treatment of his alleged . Thus, counsel asserted that Davis’ alleged pain was not caused by the accident, but was caused by his pre-existing condition.
COURT
Superior Court of San Mateo County, San Mateo, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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