Case details

Rear-ender caused soft-tissue spinal injuries, plaintiff claimed





Result type

Not present

brain, concussion, head, headaches
On Oct. 13, 2009, plaintiff Traci Kelly, 36, a worker for the California Franchise Tax Board, was driving her sport utility vehicle on Watt Avenue in Sacramento when her vehicle was struck from behind by a sedan driven by Linda Glines. Kelly claimed back and neck from the rear-end collision. Kelly sued Glines, alleging that the defendant was negligent in the operation of her vehicle. Glines conceded liability, and the matter proceeded to trial on causation and damages., Kelly did not require an ambulance and went to her primary care doctor later that day. She claimed soft-tissue to her back and neck, consisting of cervical and lumbar sprains and strains. She also claimed she suffered a concussion, resulting in subsequent headaches. Kelly visited her primary care doctor three times, had a CT scan of her head and underwent five physical therapy visits. Despite treatment, Kelly claimed she still has headaches and lingering pain in her back and neck. She also claimed that she had to miss two weeks of work as a result of her . Thus, Kelly sought recovery of $6,000 in general damages and around $2,800 in medical specials. She did not make a claim for any future care or damages. Defense counsel did not call a medical expert, but noted that Kelly did not tell the officer at the scene she was injured or report any the head injury to her doctor on the day of the accident. Counsel also noted that Kelly did not undergo the head CT until six days after the accident. Defense counsel further argued that headaches are a common side effect of a neck strain and the CT scan was not medically reasonable. In addition, counsel contended that Kelly did not attend her physical therapy sessions at the prescribed rate. Defense counsel argued that Kelley’s job was not strenuous and that she could have returned to work sooner than she did. Counsel further noted that Kelly admitted she could take breaks whenever she wanted during her workday. The parties established a $15,000/$5,000 high/low agreement.
Superior Court of Sacramento County, Sacramento, CA

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