Plaintiffs beat CCP 998 demand, while defense contends no causation of injury and no need for knee replacement.
Past medical: $29,430
Future medical: $66,150
Past medical: $5,248
Hinman Law Group by John Hinman and Seth Workman, Long Beach.
Law Offices of Joseph Pourshalimy, by Joseph Pourshalimy and Laura Ames, Los Angeles.
Law Offices of Kim L. Bensen by Cortney Carr, Ontario.
Jonathan Nassos, M.D., orthopedic surgery.
Rami Hashish, Ph.D., DPT, biomechanics.
Eugene Vanderpol, biomechanics.
On July 21, 2017, defendant rear-ended the car driven by plaintiff Bassett-Smith at the intersection of Tippecanoe and Harriman Place in San Bernardino. Plaintiff Farmer was a passenger in the car that was hit. Three days after the crash, both plaintiffs presented to a chiropractor and received several weeks of treatment for whiplash-type injuries.
Plaintiff Bassett-Smith experienced ongoing knee pain in her left knee and was diagnosed with a meniscal tear and aggravation of pre-existing (but previously asymptomatic and undiagnosed) arthritis in her left knee. After a cortisone injection did not resolve her symptoms, she underwent arthroscopic surgery of the knee and when that failed, she had two more cortisone injections, which also failed to relieve her symptoms. As of trial she had been recommended a knee replacement surgery by more than one orthopedic surgeon.
That the forces of the crash caused whiplash-type injuries to both plaintiffs. That as a result of the crash, Ms. Bassett-Smith’s pre-existing degenerative meniscal tear and arthritis became symptomatic and that, despite several attempts at conservative treatment, she required a knee replacement.
Further, that Ms. Bassett-Smith, who was asymptomatic and had never had any left knee treatment before the crash, would not have had any significant symptoms or treatments in her left knee during her lifetime, despite the degeneration in her knee and that the crash was the cause of her symptoms and need for treatment.
That the crash happened at approximately 7.5-10.4 miles per hour and that there was insufficient force to cause any forces to be exerted on the knee or any trauma to the knee absent contact with the dashboard, which plaintiff Bassett-Smith did not have.
That neither plaintiff was injured in the crash at all and were faking their injuries for money and that the jury should find for the defense on causation.