Case details
Rear-ender caused neck and back injuries, plaintiff claimed
SUMMARY
$10645
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, cervical, lumbar, neck, strain
FACTS
On Sept. 1, 2010, at approximately 8:30 a.m., plaintiff Kimberly Bescoby, 40, a director of admissions at a beauty school, was driving her sport utility vehicle on southbound Pacific Coast Highway in Santa Monica when she stopped at or near the Annenberg Swimming Pool driveway entrance and was rear-ended by a minivan operated by Marilyn Wroobel. Bescoby claimed to her neck and lower back. Bescoby sued Wroobel, alleging the defendant was negligent in the operation of her vehicle. Bescoby claimed Wroobel negligently rear-ended her vehicle while she was stopped. She also claimed that the accident did not occur at a traffic light. Wroobel claimed she was stopped behind Bescoby at a traffic light on Pacific Coast Highway and that when the light turned green, she pulled forward, failing to realize Bescoby’s vehicle could not proceed due to congestion. She claimed that as a result, the front-end of her vehicle dipped when she braked, causing the front grille-area of her vehicle to strike the rear bumper of Bescoby’s SUV. Thus, Wroobel admitted liability for the accident, and the matter proceeded to a trial on causation and damages., Two days after the accident, Bescoby received treatment for her neck and back. She claimed she sustained cervical and lumbar strains in the accident, for which she received five trigger-point injections and underwent two months of physical therapy. Bescoby claimed she missed one month of work following the accident and continues to experience some residual , including headaches and nausea. Thus, she sought recovery of $10,645 in past medical costs, $8,000 in past lost earnings, and an unspecified amount of damages for her pain and suffering. Defense counsel disputed the nature and extent of Bescoby’s alleged and damages. Counsel contended the impact speed of the collision was minimal, evident by Bescoby’s SUV having no visible damages. The defense’s biomechanical expert testified that the speed change for Bescoby’s vehicle was 4 to 5 mph, which was insufficient to cause injury.
COURT
Superior Court of Los Angeles County, Santa Monica, 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
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- psychological
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- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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