Case details
Sanitation truck’s pull out into road caused crash: plaintiffs
SUMMARY
$50000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
back, cervical, cervical disc displacement, disc protrusion, left shoulder, lower back, neck, right shoulder
FACTS
On Jan. 24, 2011, plaintiff Sharri Nash, 25, a student, was driving east on West 36th Street in Los Angeles, accompanied by plaintiff Njeri Garth, 23, a student, in the front passenger seat. At approximately 8:30 a.m., while nearing the intersection with Wellington Road, Nash’s vehicle collided with a city sanitation truck that was pulling away from the curb on West 36th Street. Nash claimed to her neck and left shoulder, while Garth claimed to her lower back and right shoulder. Nash and Garth sued the city of Los Angeles. (The City of Los Angeles Bureau of Sanitation was originally named, but not pursued because its operator is the city of Los Angeles, which was also named as a defendant.) Nash and Garth alleged that the sanitation truck driver was negligent in the operation of the truck and that the city was vicariously liable for the driver’s actions through the course and scope of the driver’s work for the city. Nash and Garth contended that the while the garbage truck pulled away from the curb, the driver failed to signal or alert Nash’s passing vehicle. They claimed that as a result, the left front corner of the truck struck the right side of Nash’s vehicle, which was attempting to safely drive around the parked truck. The city disputed liability for the accident, arguing that Nash was comparatively at fault., One day after the accident, Nash presented to a chiropractor with primary complaints of pain to her neck and left shoulder. She later underwent MRIs and was diagnosed with a 3-millimeter cervical disc protrusion at the C4-5 level with nerve root displacement and distortion. She was also diagnosed with tendinitis of her left shoulder. Nash subsequently treated her conservatively with cervical epidural injections and a few months of chiropractic care. Nash claimed she still experiences some residual neck pain, restricting some of her physical activities. She does not currently seek any further treatment and claimed approximately $32,000 in past medical costs. She also sought recovery of damages for her pain and suffering. Garth also went to a chiropractor one day after the accident. Her primary complaints were of pain to her lower back and right shoulder. She ultimately underwent MRIs and was diagnosed with soft-tissue strains and sprains. Garth subsequently saw an orthopedist and treated with a few months of chiropractic care. Garth claimed some residual lower back pain, but has since stopped treating. Thus, she claimed approximately $7,500 in past medical costs. She also sought recovery of damages for her pain and suffering. Defense counsel disputed the nature and extent of the plaintiffs’ alleged and damages. Counsel also disputed the reasonableness and necessity of the plaintiffs’ treatments.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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