Facts

Ruth Bartak, 75, sued Shawn Handleman in connection with a motor vehicle accident that occurred on Nov. 5, 2010.

PLAINTIFF'S CONTENTIONS:
Plaintiff was a passenger in her daughter's vehicle, when rear-ended by defendant's vehicle on the 215 freeway.

Plaintiff contended that she had a 15 year old, pre-existing fused level in the cervical spine, which made her susceptible to injury, resulting in herniaitons of the adjacent levels, requiring the surgery.

DEFENDANT'S CONTENTIONS:
Defendant maintained the accident did not cause disc injury and that the surgery was not related to the motor vehicle accident.

Settlement Discussions

Handleman made a CCP 998 offer of his policy limits in the amount of $100,000.

Damages

Bartak claimed she would need future cervical fusion surgery and sought approximately $210,000 in medical expenses.

Injuries

Plaintiff was transported from the scene of the accident to the hospital with complaints of neck pain. Subsequently, she treated with her primary care physician. Eventually, she underwent a two level cervical fusion surgery, with approximately $210,000 in related medical charges.

Result

The jury rendered a verdict in favor of Handleman, finding that his negligence was not a substantial factor in causing Bartak harm.

Other Information

Attorney Elic E. Anbar represented plaintiff on behalf of Law Offices of Kennedy & Associates. FILING DATE: Aug. 21, 2012.