Defendant disputes need for knee replacements after rear-ender. $3M. Los Angeles County.

Facts and Background

• Facts and Background:

  On June 21, 2019, plaintiff was working as a pharmacy delivery driver when she was rear-ended on Sunset Boulevard by Mr. O’Hara. At the time of the crash, plaintiff was driving a Nissan Versa Note and defendant was driving a BMW SUV. The parties stipulated to a delta-V of 14-15 mph.

• Plaintiff's Contentions:

  Plaintiff alleged that she hit her knees on the dashboard in the collision, which caused her pre-existing osteoarthritis to become symptomatic. Prior to the crash, plaintiff had reported knee issues when she had hit her knee going up a staircase, which she reported to her chiropractor.

  Following the incident, plaintiff did return to work the day after the crash and kept working for approximately four months before she was let go due to slow times at work. Over the year following the crash, plaintiff’s condition steadily declined as she went through chiropractic care and injections, and ultimately she underwent bilateral total knee replacements in late 2021.

  Plaintiff was advised by her treating surgeon that she would need revision surgery in the next 15-20 years as the implants wore down. As a result of the crash, plaintiff now walks with a cane and can no longer participate in the activities she once enjoyed, such as dancing, walking, or playing with her grandson, without great difficulty.

• Defendant's Contentions:

  Defendant admitted liability for the crash but disputed the nature and extent of plaintiff’s injuries. Defendant argued that plaintiff’s condition pre-crash was bad enough that she would have needed the total knee replacements regardless of the crash, as plaintiff was already overweight and had “bone-on-bone” end stage osteoarthritis.

  Defendant’s medical experts opined that it was extremely likely that plaintiff had pain before the crash, given her condition. Defendant’s biomechanics expert opined that the forces involved in the collision were no more substantial than walking down a flight of stairs, and that there was no way plaintiff’s knees could have impacted the dashboard. Defendant also disputed plaintiff’s lost earnings, as the testimony from her former boss was that she was let go because business was slow and she was the most junior employee.