Case details
Rear-ender left him with lower back injuries, plaintiff claimed
SUMMARY
$8610
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, lower back
FACTS
On Feb. 28, 2010, plaintiff George Usher, 37, a video editor, was traveling on Newhall Road in Santa Clarita. At approximately 11 a.m., Usher was rear-ended by a vehicle operated by Larry Nance. Usher claimed to his lower back, radiating down to his legs. Usher sued Nance. He alleged that Nance was negligent in the operation of his vehicle, causing the accident and his . Usher argued that Nance was inattentive in the operation of his vehicle. Nance admitted liability, and the matter proceeded to an expedited jury trial on causation and damages. , Usher was treated by paramedics at the scene of the accident, but not transported to the hospital. He first saw his primary care doctor the following day. Usher claimed soft-tissue strains and sprains to his lower back, radiating into his legs. He underwent treatment with a chiropractor for approximately six months, with several gaps in treatment. Usher also received acupuncture therapy toward the end of his treatment, and underwent an MRI (that revealed a 4-5 mm disc protrusion at L5-S1), but never consulted with an orthopedic surgeon. Usher claimed that all his activities were limited during the time he was being treated, including going to the gym, playing with his children, hiking, and riding his motorcycle. He claimed that he is now mostly healed from his , and did not seek further treatment. He claimed approximately $11,070 in damages for past medical costs and $15,000 for his pain and suffering. Defense counsel disputed the nature and extent of Usher’s claimed . Defense’s orthopedic expert claimed that Usher’s disc protrusion was not caused by the accident, and argued that he sustained merely minor soft-tissue . Counsel claimed that 18 visits with a physical therapist or chiropractor should have been appropriate treatment, at a cost of $100 per visit.
COURT
Superior Court of Los Angeles County, Chatsworth, CA
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