Case details

Woman claimed shoulder and spine injuries from car collision

SUMMARY

$100000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, cervical, lumbar, neck, shoulder, shoulder impingement, strain
FACTS
On Dec. 6, 2018, claimant Teresa Smeir, 26, a nursing student, was driving on the eastbound side of Lemon Avenue, near its intersection at Carnelian Street, in Rancho Cucamonga. When Smeir reached the intersection, she stopped at a red traffic signal. Before she could resume travel, one side of her vehicle was struck by a vehicle that was being driven by Natalie Brown, who was turning onto Lemon Avenue, from Carnelian Street. Smeir claimed that she suffered of her back, her neck and a shoulder. In lieu of filing a lawsuit, Smeir sought recovery directly from Brown’s insurer, American Automobile Association. Smeir alleged that Brown was negligent in the operation of her vehicle. Smeir claimed that Brown lost control of her vehicle while attempting to make a turn while speeding, causing the collision., Smeir claimed that she suffered strains of her cervical and lumbar regions and trauma that produced impingement of her right shoulder. She claimed that her right shoulder also developed bursitis. Smeir’s vehicle sustained major damage from the impact, was towed from the scene and was declared a total loss. Smeir complained of pain in her neck and back after the accident, and she was transported by ambulance to the emergency room at Kaiser Permanente Ontario Medical Center, in Ontario. She claimed that she later developed pain in her right shoulder. She underwent X-rays of her right shoulder and an MRI of her cervical spine. Smeir later underwent physical therapy for her neck and back, and she received a trigger point injection in her neck. On Feb. 5, 2020, she underwent surgery on her right shoulder. Smeir claimed that she is left with stiffness and a loss of range of motion due to her . Smeir claimed that she had co-pays of $5 per visit and had two prescription receipts totaling $20. She also claimed that the lien from Kaiser Permanente totaled $6,359.36. She sought recovery of those costs. She also sought recovery of damages for her past and future pain and suffering.
COURT
Matter not filed, CA

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