Facts

On March 28, 2007, plaintiff Gary Blow was driving a Lincoln Towncar when he was rear-ended by defendant Gilbert Kenner. Blow filed suit against Kenner for negligence.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the impact caused his body to move over the driver's seat and come in contact with a baby stroller in the back seat. Plaintiff contended that he aggravated a pre-existing condition of his lower back. He had been diagnosed with a bulging disc 10 years prior to this accident from which he had never recovered and was on disability for. He claimed that the accident exacerbated his condition.

Settlement Discussions

According to plaintiff's counsel: Plaintiff demanded $3,000 before trial. According to defense counsel: Plaintiff demanded $35,000 before trial. The defense made no offer.

Specials in Evidence

$11,000

Injuries

There was no damage to plaintiff's vehicle and his description of his pain was the same before the accident as after. Plaintiff alleged injuries to his back, neck, both knees and head. Plaintiff was initially treated at the emergency room at Centinella Hospital, followed by chiropractic treatment with Gloria Lee, D.C. and orthopedic care from Dr. Michael Schiffman. Dr. Michael Schiffman opined, by declaration, that the accident caused C5-6 bilateral uncinate spurs with an underlying disc bulge, measuring approximately 2 mm in AP diameter resulting in mild bilateral neuroforaminal narrowing was found as well as mild narrowing of the central spinal canal to an AP mid-sagittal diameter of 10 mm. At C6-7, there were posterior endplate and uncinate spurs with a broad-based protrusion measuring up to 2-3 mm in AP diameter. The disc osteophyte complex resulted in narrowing of the central spinal canal to an AP mid-sagittal diameter of 9 mm, with moderate bilateral neuroforaminal narrowing. With regard to the lumbar spine, at L3-4, there was disc desiccation, mild narrowing, and posterior endplate spurs with a diffuse posterior bulge or broad-based protrusion measuring up to 3 mm in AP diameter. Mild neuroforaminal narrowing without impression upon the existing L3 nerve roots. At L4-5, there is also alleged disc desiccation, narrowing, and a diffuse posterior disc bulge versus broad-based protrusion with small endplate spurs measuring up to 2-3 mm in maximal AP diameter. Mild neuroforaminal narrowing without impression upon the exiting L4 nerve roots. In his declaration, Dr. Schiffman further contended that the accident caused TMJ injury. Defense counsel argued that there was no mechanism to cause the injuries presented by Dr. Schiffman. Defense counsel pointed a vast medical history of back, neck and knee problems to show the problems were pre-existing.

Result

Defense verdict.

Other Information

A cost bill for $2,600 has been filed. FILING DATE: May 28, 2008.

Deliberation

four hours

Length

four days