Facts

Plaintiff Gina Springer, 44, filed suit against defendant Ralphs Grocery Co. in connection with a motor vehicle accident that occurred on March 1, 2012, between plaintiff and a tractor-trailer Ralphs truck.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged she was stopped after passing through an intersection when she was struck and dragged back into the intersection by a left turning Ralph's tractor-trailer weighing over 60,000 pounds going in the opposite direction. As a result of the collision, plaintiff alleged she was dragged approximately 50 feet back into the intersection, thrown around in her vehicle, suffering personal injuries.

DEFENDANT'S CONTENTIONS:
The defense alleged the impact was minor and that plaintiff's vehicle was already stopped in the intersection blocking traffic. The Ralphs driver thought plaintiff's vehicle would move ahead with traffic in front of her when the light changed, but she remained stopped and the Ralphs trailer hit the back of plaintiff's vehicle shattering the rear window.

Settlement Discussions

Plaintiff demanded $349,000. Defendants offered $125,000.

Specials in Evidence

$63,000 $125,000-$250,000

Damages

Existing medical specials were just under $65,000 with an alleged need of future medical specials between $125,000 and $250,000.

Injuries

Plaintiff was taken by the paramedics to the emergency room at UCLA where she received treatment. Plaintiff was an employee of UCLA and received all of her medical treatment from their network of medical providers. Prior to the accident, plaintiff was involved in a motor vehicle accident in 2006 where she injured her neck and back. She had some lower back pain with radiating complaints to her left leg, but no complaints after July 2007 until the subject accident. In July 2007, for continuing neck complaints, a UCLA neurologist referred plaintiff to the UCLA Pain Management Center. Plaintiff underwent an epidural for her neck six weeks before the accident on March 1, 2012. While at the emergency room on the day of the accident, plaintiff complained of significant neck, back and hip pain. An MRI of her lumbar spine the next day did not document significant changes from her previous MRI five years earlier. She was then seen in the pain management clinic and orthopedic surgery at UCLA. She underwent a lumbar epidural, medial branch blocks for her sacroiliac joint and ultimately a radial frequency ablation. She was also started on courses of physical therapy. Plaintiff subsequently developed pelvic and groin pain, and was diagnosed with a pudendal nerve injury and piriformis syndrome. These conditions were managed through the pain management clinic with injections and nerve blocks. Plaintiff ultimately came under the care of Dr. Michael Ferrante, the head of the pain management clinic. He opined that plaintiff suffers from sacroiliitis, aggravation of her preexisting facet disease, piriformis syndrome and a pudendal nerve injury. He recommended a life care plan of medical treatment of approximately $24,000 per year for the next 10 years. At trial, because plaintiff had a better than average response to the injections she had received to date, plaintiff asked for half of Dr. Ferrante's life care plan. The defense claimed that plaintiff had no structural injury to explain her continuing complaints. The defense argued that plaintiff had multiple diagnosis from various specialists only because she was referred from one specialists to the next in order to try to explain her complaints. Despite the multiple diagnosis, the defense argued plaintiff suffered no anatomical injury. The defense argued that although plaintiff had significant complaints of lower back and radiating complaints to her left leg, there was no anatomical basis for plaintiff's complaints. The MRI taken the day after the accident showed progression of her facet disease, but no nerve root impingement. An MRI of her hip performed within several weeks of the accident was normal. Plaintiff did not complain of pelvic pain until November 2012 and a subsequent pelvic MRI was normal as well. In 2013, plaintiff began complaining of buttock and groin pain. She was referred to an urologist within UCLA. Plaintiff underwent multiple tests and she was ultimately diagnosed with a neurogenic bladder, pudendal nerve injury and piriformis syndrome. However, the defense argued that the MRI studies of her hip and pelvis documented a normal piriformis muscle and sciatic nerve.

Result

Finding of negligence, but no substantial factor of injury resulting in a defense verdict.

Other Information

EXPERT TESTIMONY: The defense orthopedic surgeon, Dr. Nitin Bhatia, testified that there was no anatomical basis for plaintiff's complaints and without a structural abnormality, referral for pain management shots was inappropriate. Radiologist, Dr. John Crues also testified that the pathology on plaintiff's MRI films between 2007 and 2015 was degenerative without any evidence of trauma. Dr. Ferrante testified that based on his review of the MRI films, plaintiff had accelerated degenerative facet and disc disease because of the accident. He testified the most significant finding was the presence of Modic changes post-accident in 2014 that were not present on the MRI scan in 2007. The defense argued that Dr. Ferrante had not actually reviewed the MRI films, but just looked at the conclusion section of the MRI report from 2007, which did not refer to Modic changes. However, in the body of the MRI report from 2007 the Modic changes were identified and therefore, the defense argued that Dr. Ferrante did not review the films, but only read the conclusions of the MRI reports when forming his opinions. FILING DATE: Jan. 29, 2014.

Deliberation

1.5 hours

Poll

12-0

Length

five days