Facts

On December 18, 2017, Keonni Ashman, 28, was driving west on Roscoe Boulevard in Los Angeles. As she entered the intersection with Winnetka Avenue, the front passenger side of her car struck the rear of a midsize sedan operated by Fred Weiss, who was making a left turn eastbound on Roscoe Boulevard onto Winnetka Avenue.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant was negligent in the operation of his vehicle and that as a result of his negligence she suffered a lumbar facet injury at L3-4 and had to undergo three months of chiropractic care and pain management. Further, she maintained that she could not work the hours she normally worked at her job because of the injury and that she had trouble focusing at work due to the painkillers she took. Plaintiff argued that her doctor recommended her to receive two sets of radiofrequency ablations, 18 months apart, at a cost of $18,000 to $19,000 each. Finally, plaintiff alleged that her extended pain treatment deserved to be compensated since the facet pain she suffered was not diagnosed by MRIs and that those treating her were waiting to see if she was still in pain.

DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff was at fault for the accident since plaintiff ran the red light on Roscoe Boulevard. Moreover, defendant disputed plaintiff's alleged damages and told the jury to only award plaintiff anywhere from $0 to $2,000 since all of her chiropractic treatment was only worth $5,000 and her condition should have been resolved after her chiropractic care. Finally, defendant contended that plaintiff should not be awarded relief from the facet injection because it did not give her 50% relief on the pain scale and thus, was not effective.

Specials in Evidence

$54,684 $15,000

Result

The jury found Weiss negligent and that his negligence was a substantial factor in causing harm to Ashman. It awarded Ashman $74,684 in total damages.