Facts

Sandra Luciano was driving westbound on Los Angeles State Route 91. Route 91 was gridlocked during the time Luciano was operating her vehicle, and a vehicle operated by Edward Knopf collided with the rear end of Luciano's vehicle at a low rate of speed. Following the collision, Luciano sued Knopf.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant negligently operated his vehicle and caused the collision with plaintiff. Plaintiff also contended that the collision that defendant caused also caused plaintiff's injuries. Plaintiff further contended through a neurosurgeon expert, that her injuries were caused by the trauma experienced from the impact and exacerbated any alleged pre-existing degenerative ailments plaintiff might have had before the impact.

DEFENDANT'S CONTENTIONS: Defendant admitted liability but contended that plaintiff exaggerated the extent of her claimed injuries. Defendant further contended through video evidence that plaintiff was not suffering from the level of pain and restriction alleged as evinced by plaintiff lifting heavy items and completing typical tasks without assistance, difficulty and/or evidence of pain. Defendant also contended through expert testimony that plaintiff did not sustain a traumatically herniated disc in the accident, and that the radiographic evidence (MRI's) showed that there was no compression of any of her lumbar nerve roots. Defendant further contended that plaintiff was over treated with roughly 30 injections in her cervical and lumbar spine over a 3 year period, including a 1 year period in which she didn't complain of any lumbar spine pain or symptoms. Defendant claimed that plaintiff's injuries were unsubstantiated and that surgical intervention was unnecessary. Defendant further contended that plaintiff's alleged back injuries were the result of a degenerative condition that plaintiff lapsed on treatment for. Defendant's medical billing expert also contended that plaintiff inflated her medical bills and costs.

Damages

Plaintiff claimed over $300,000 in medical costs, including $127,860 for the lumbar surgery. Plaintiff was not able to introduce evidence of any medical costs other than the $127,860 for her surgery. Plaintiff claimed that she would need 1-2 future surgeries and multiple conservative modalities, including but not limited to injections and physical therapy. Plaintiff requested $527,000-$691,000 for future medical care. Plaintiff sought $500,000 in past pain and suffering and $950,000 in future pain and suffering.

Injuries

Sandra Luciano claimed a herniated disc injury at the L5-S1 levels as well as back and neck pains. Luciano also underwent over a year of chiropractic care and injections for her claimed lower back pain and was recommended for lumbar decompression surgery by her physician.

Result

The jury awarded plaintiff a $641,860 verdict for defendant's negligence. This sum was composed of $116,860 for past medical costs, $300,000 for future medical costs, $75,000 for past pain and suffering and $150,000 in future pain and suffering.