Case details

Rear-ender caused injuries to shoulder and spine: plaintiff





Result type

Not present

cervical, neck, shoulder, shoulder impingement, strain
On April 2, 2010, plaintiff Cheri Hern, 26, was driving east on East Walnut Street in Pasadena, accompanied by plaintiff Luis Bojorquez, 29, a computer repairman. At approximately 3:50 p.m., while approaching a red light at the intersection with North Wilson Avenue, they were rear-ended by a vehicle operated by Corina Castrellon. Hern claimed minor soft-tissue , while Bojorquez claimed to his neck, back and right arm/shoulder. Hern and Bojorquez sued Corina Castrellon and the owner of her vehicle, Enrique Castrellon. Hern and Bojorquez alleged that Ms. Castrellon was negligent in the operation of her vehicle and that Mr. Castrellon was vicariously liable for her actions. Hern and Bojorquez also sued Jerez Fernando, who was another insured on the Castrellons’ policy, but he was ultimately dismissed from the case. The Castrellons admitted liability for the accident., Three days after the accident, on April 5, 2010, Bojorquez went to a medical center with complaints of severe headaches and pain to his neck, back and right shoulder. He subsequently underwent X-rays and followed up with his general practitioner, who diagnosed him with a cervical strain, bilateral trapezius muscle strains, a right shoulder strain with impingement tendinitis, and myofascial ligamentous strains of both the lumbar and thoracic spine. Bojorquez also underwent an MRI of his right arm, which revealed a labral tear with impingement of the right shoulder. He initially treated with physical therapy and chiropractic care, but on Nov. 29, 2012, he underwent right shoulder surgery consisting of a video arthroscopy, labral debridement, rotator cuff debridement and subacromial decompression. Bojorquez claimed he still experiences pain and discomfort in his neck and back, and that while the surgery was a success, he claimed his right shoulder is still not 100 percent. Thus, he claimed $69,829.70 in past medical costs and sought recovery of damages for his pain and suffering. Hern claimed she sustained minor soft-tissue only and sought recovery of damages based on her own . Defense counsel contended that the subject rear-ender involved a very light impact and that Bojorquez suffered only soft-tissue , similar to plaintiff Hern.
Superior Court of Los Angeles County, Pasadena, CA

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