Semi tractor trailer hits plaintiff's vehicle three times in sideswipe collision. $1M. Kern County.

Facts and Background

• Facts and Background:

  Plaintiff, 22 years old, was traveling as a passenger in a Mazda four-door sedan from Velasco Texas to San Antonio Texas to attend a religious service. As plaintiff’s vehicle was traveling straight on the highway, a semi tractor trailer entered her lane, striking her vehicle three times, sending it off the road onto a grass field.

  Plaintiff developed neck and back pain, received physical therapy, chiropractic care, pain management and ultimately a surgical recommendation to her lumbar spine. Plaintiff did not have the surgery scheduled at the time of trial.

• Plaintiff's Contentions:

  That the subject collision caused plaintiff to suffer a 3 mm L4/5 lumbar protrusion that impinged the exiting nerve root and thecal sac, resulting in conservative care, pain management and a surgical recommendation.

• Defendant's Contentions:

  That the collision was a sideswipe, which does not cause lumbar protrusions. No protrusions were seen on the MRIs per defense experts.

  That plaintiff only suffered strains and sprains which caused six to eight weeks of neck and back pain. That plaintiff had a fall in high school where she had X-rays to her neck and back which were not available to see if she had any spinal problems that pre-dated the subject collision. That plaintiff had also suffered three subsequent injury-causing events which caused the extensive treatment.

  That plaintiff was able to work extensively during the first year and a half after the collision, so she was not injured as badly as she was claiming. Plaintiff’s treatment was provided on a lien basis, which encouraged the providers to provide unnecessary treatment, per defense experts.