Case details

Truck driver claimed lower back limitations from rear-end crash





Result type

Not present

back, fusion, herniated disc, herniated lumbar discs, lower back, lumbar, neurological, radicular pain, radiculitis, right shoulder
At around 5:30 p.m. on Nov. 15, 2012, plaintiff Gary Baca, 51, a truck driver, was driving home from work, traveling on State Route 60, in Riverside, when he was rear-ended by a vehicle operated by Silvia Castro. Baca claimed to his right shoulder and lower back. Baca sued Castro, alleging that Castro was negligent in the operation of her vehicle. Castro conceded liability., Baca sustained herniated lumbar discs at the L4-5 and L5-S1 levels, and a torn rotator cuff to his right, dominant shoulder. He was subsequently taken by ambulance to a hospital for treatment. Baca claimed that the herniated discs caused radiculopathy into his lower extremities. He ultimately underwent three separate shoulder surgeries over the course of two years. He also underwent a hemilaminectomy to the lumbar spine in February 2015 and a lumbar fusion in February 2016. Baca claimed that he suffers from physical limitations, including not being able to lift anything greater than 15 pounds and being unable to sit or stand for prolonged periods of time. He alleged that as a result, he was unable to return to his job as a truck driver. The plaintiff’s medical experts opined that the to Baca’s right shoulder and lower back were caused by the crash and that Baca could not return to his job as a truck driver due to his physical limitations. Thus, Baca sought recovery for his past and future medical expenses, past and future loss of earnings, and past and future pain and suffering. Defense counsel, through her experts, argued that there was not enough force in the collision to have caused the Baca’s alleged and that Baca’s were degenerative in nature. Counsel also argued that Baca’s uncontrolled diabetes was a reason for Baca’s failure to return to work.
Superior Court of Riverside County, Riverside, CA

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