Case details

Rear-ender on highway caused back injuries, plaintiff claimed




Mediated Settlement

Result type

Not present

back, bulging disc, lumbar, neurological, radiculopathy
On April 27, 2010, at approximately 10:20 a.m., plaintiff Joshua Lange, a self-employed 40 year old, was driving his 1984 Mazda RX-7 on southbound Ventura Freeway, U.S. Route 101, in Los Angeles when he stopped for traffic near the intersection with Reseda Boulevard and was rear-ended by a 2009 Dodge Caravan driven by Deborah Dunn, who was working for the Braille Institute. The force of the collision caused Lange’s vehicle to rear-end the vehicle in front of him. He claimed to his back. Lange sued Dunn and her employer, Braille Institute of America Inc. Lange alleged that Dunn was negligent in the operation of her Dodge Caravan and that Braille Institute was vicariously liable for Dunn’s actions., Following the collision, Lange complained of pain to his neck, back, buttocks, and left leg. He was subsequently transported by ambulance to Encino-Tarzana Regional Medical Center, in Tarzana, Calif., where he was diagnosed with an L4-5 disc desiccation and an L2-3 annular bulge, as well as lumbar disc bulges at the L4-5 and L5-S1 levels. He was also diagnosed with an L5 denervation. On May 15, 2012, Lange underwent a microdiscectomy on the left side of L4-5. Lange claimed the May 2012 procedure was unsuccessful in alleviating his pain. He also claimed that his most current MRI shows an interval mild to moderate posterior loss of disc height at L4-5, an asymmetric left, greater than right, disc bulge, and mild to moderate facet arthropathy. He also claimed he suffers from an L4 nerve root impingement. According to plaintiff’s counsel, Lange’s were the result of a significant impact and would require additional back surgery. Thus, Lange sought recovery of approximately $305,000 for his past medical costs and approximately $150,000 to $200,000 for his future medical treatment. He also sought recovery of an unspecified amount of damages for his past and future pain and suffering. Defense counsel contended that Lange’s symptoms were not related to trauma, but were the result of a pre-existing degenerative condition. Counsel also contended that none of Lange’s complaints of pain were related to the collision in question.
Superior Court of Los Angeles County, Van Nuys, CA

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