Car is a total loss, but plaintiff walks away from crash. Defendant denies causation and says treatment was excessive.
Past medical expenses: $111,771.26
Future medical expenses: $60,000
Future lost earnings: $126,000
Past: $50,000
Future: $204,000
Aitken Aitken & Cohn by Atticus N. Wegman, Santa Ana.
James T. Shott & Associates by Scott Meininger, Costa Mesa.
Khyber Zaffarkhan, DO, pain management. (Treating physician.)
James Coleman, M.D., orthopedic hand surgery. (Treating physician.)
Nicholas Rose, M.D., orthopedic hand surgery.
Kristi Diehl PA-C, past carpal tunnel diagnosis for plaintiff.
Brad Rutledge, PE, accident reconstruction and biomechanics.
None.
Plaintiff, male age 44, was injured in a rear-end collision on his way to work. No ambulance or fire department came to the scene and plaintiff walked to work. Plaintiff's vehicle was a total loss and defendant's vehicle was repaired. Defendant admitted liability for the crash and course and scope of employment.
After the crash, plaintiff treated conservatively for over a year with home exercises and physical therapy until he required the care of pain management specialist, Dr. Khyber Zaffarkahn. Dr. Zaffarkhan performed two cervical facet injections. Plaintiff saw a wrist specialist five months after the crash and complained of numbness and pain, which eventually resulted in a carpal tunnel release surgery with Dr. James Coleman 1.5 years post crash.
Defendant's negligent failure to slow his vehicle, thereby causing a rear-end collision, caused plaintiff to suffer neck, back, and left wrist injuries. Plaintiff underwent physical therapy and two cervical facet injections 1.5 years post crash. Plaintiff also underwent a carpal tunnel release surgery one year post crash. Plaintiff worked two jobs and contended his second job working at his family's Juice It Up business became difficult after the crash to the point where he had to hire an outside company to perform the maintenance he used to be able to perform.
That plaintiff continued to work from the day of the crash until present. That plaintiff's post-crash complaints were pre-existing and that 99% of the time trauma does not cause or aggravate carpal tunnel.
Further, that plaintiff's medical expenses are not reasonable and necessary and that plaintiff's neck and back injuries should have resolved in two to three months.
Neck, back, and left wrist injuries.
Plaintiff underwent physical therapy and two cervical facet injections 1.5 years post crash. Plaintiff also underwent a carpal tunnel release surgery one year post crash.
Plaintiff worked two jobs and contended his second job working at his family's Juice It Up business became difficult after the crash to the point where he had to hire an outside company to perform the maintenance he used to be able to perform. Plaintiff, 44 years old, claimed he would have to pay $6,000 per year for hiring outside maintenance until he retired at age 65.
Parties stipulated to eight jurors with three alternates. Two jurors were lost due to COVID.
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