Facts

On July 24, 2015, at 8:45 p.m., plaintiff Elias Gomez Mosso was the restrained operator, plaintiff Maria Hurtado was the restrained front-seat passenger, and plaintiff Jessica Hurtado was the restrained rear-seat passenger in a 2003 Cadillac Escalade traveling northbound on Martin Luther King Jr. Boulevard near the intersection of 35th Avenue in Sacramento. Andrew Moreno was traveling northbound on Martin Luther King Jr. Boulevard and the restrained operator of a 2012 Volkswagen Passat. Andrew Moreno proceeded to make an illegal U-turn without looking for traffic and came into the path of Mosso. Mosso slammed on his brakes but was unable to stop in time and T-boned Moreno. The police officer on the scene who responded to the accident found Moreno at fault for the collision in violation of California Vehicle Code 21801 (a) for making a U-turn when it was unsafe.

Plaintiffs sued Andrew Moreno and Does 1-50 for motor vehicle negligence.

PLAINTIFFS' CONTENTIONS: Plaintiffs alleged the following injuries:

Elias Gomez Mosso suffered Intervertebral disc displacement, lumbosacral region; Intervertebral disc displacement, lumbar region; Spondylolisthesis, lumbar region; Cord compression; Low back pain; Spinal instabilities, lumbar region; Spinal instabilities, lumbosacral region; Intervertebral disc degeneration, lumbar region.

Mosso went to the emergency department on the date of the incident and claimed he sustained serious injuries as a result of the accident. He complained of pain in his neck, upper and lower back, right arm, right leg, headaches and additionally suffered from insomnia. He suffered from tingling and numbness from his right arm down to his right wrist and his right leg down to his right ankle. He sustained the most serious injuries to his back in the lumbar region and the lumbosacral region.

Mosso required consistent chiropractic treatment for his back pain. Mosso also had to have multiple bilateral L2-3 and L4 transforaminal epidural steroid injections administered to his back to manage his pain. Eventually, Mosso had to have spinal surgery, the procedure consisted of an anterior L4-L5 and L5-S1 decompression which included complete discectomies at both levels with decompression of the spinal canal and neurologic structures as well as decompression of the nerve roots bilaterally at both levels; anterior interbody fusion at L4-L5 and L5-S1 using a distraction arthrodesis technique to further open up the neuroforamen; insertion of a PEEK cage; plating at L4-L5 and L5-S1 with stabilization; anterior retroperitoneal exposure of L4-L5 and L5-S1 vertebral interspace; posterior L4 to the sacrum bilateral segmental instrumentation; posterior L4-L5 and L5-S1 bilateral lateral fusion intraoperative use of fluoroscopy; use of local bone graft; use of demineralized bone matrix and was performed under general anesthesia with endotracheal intubation. Mosso had to miss 6 months of work due to the injuries he sustained and suffered serious pain when performing basic daily activities.

Maria Hurtado claimed she sustained multiple injuries as a result of the accident. She went to the emergency department on the day of the incident and complained of sharp pain in her neck, right hand and shoulder regions associated with musculoskeletal pain and swelling. She was diagnosed with a neck strain and right shoulder joint pain and right-hand pain secondary to the motor vehicle collision. Ms. Hurtado was instructed to seek chiropractic treatment for her injuries and was additionally diagnosed with headaches, insomnia, blurred vision, right forearm, elbow and knee pain, a bilateral trapezius strain and bilateral tinnitus. She was also diagnosed with cervical, thoracic and lumbar pain with ligament laxity, segmental dysfunction, and decreased active range of motion. She had to have multiple injections administered to her spine to help with her pain. She claims she was in constant pain for approximately eleven months after the accident and had pain and discomfort with normal, everyday activities.

Jessica Hurtado went to the emergency department on the date of the incident with complaints of pain in her neck. Upon physical examination, she was diagnosed with a neck strain secondary to the motor vehicle collision. Jessica Hurtado sought chiropractic treatment and was further diagnosed with insomnia and a bilateral trapezius strain. She was also diagnosed with pain, ligament laxity, segmental dysfunction and decreased range of motion in her cervical, thoracic, and lumbar spine. She continued with chiropractic treatment for her pain. She claims she was in constant pain for approximately four months after the accident and had pain and discomfort.

Result

The case settled for $2.1 million.