Case details

Truck driver’s U-turn caused collision, claimant alleged

SUMMARY

$550000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
back, bulging disc, lumbar neck, neurological, radicular pain, radiculitis
FACTS
On April 18, 2019, claimant Juan Sanchez, 29, a military airplane mechanic, was driving on Western Avenue, near its intersection with Carson Avenue, in Torrance. His sport utility vehicle’s right side clipped the right, front bumper of a waste disposal truck operated by Mario Rivera. Rivera was attempting to execute a two-point U-turn from the northbound side of Western Avenue to the southbound side. The truck swung around to make the U-turn, but it could not complete the turn in a single pass. As a result, Rivera backed up to straighten the truck, but as the truck started pulling forward again, the collision occurred. Sanchez claimed that he suffered to his neck, back, left shoulder, left arm, left hand, left leg, and left hip. In lieu of filing a lawsuit, Sanchez sought recovery directly from Rivera’s insurer, Great American Insurance Group. Sanchez alleged that Rivera was negligent in the operation of the waste disposal truck. Rivera claimed that Sanchez was at fault for the collision for failing to avoid the turning truck., After the accident, both motorists pulled into a nearby parking lot to exchange information. Sanchez did not report any to the police, and both vehicles were driven from the accident scene. Sanchez claimed that he suffered pain in his neck, back, left shoulder, left arm, left hand, left leg and left hip. He claimed that the pain radiated down his left arm and left leg. Sanchez ultimately claimed that he sustained a disc bulge at L5-S1. He received an epidural steroid injection at L5-S1. His doctor then recommended that he proceed with an L5-S1 facet osteotomy and laminectomy with a discectomy for decompression. Sanchez claimed that he performed strenuous work on military airplanes, but that he only lost one day of work, where he earned $29 per hour. The impact damaged the SUV’s driver-side panels, but was insufficient to deploy the air bags on Sanchez’s vehicle. However, Sanchez’s SUV sustained $6,176.90 worth of damage, but the property damage had been previously paid and was not at issue. Sanchez sought recovery of $188,000 in past incurred medical expenses. He also sought recovery of lost wages, and damages for pain and suffering. Great American Insurance Group’s counsel contended that all of Sanchez’s medical care was lien-based and that the care rendered was not reasonable and/or necessary. Counsel also contended that Sanchez was observed walking around with no apparent distress or injury after the collision.
COURT
Matter not filed, CA

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