Trial disputed the extent and treatment of back injuries.
Plaintiff, aged 22 years, was travelling as a passenger in a Mazda four door sedan from Velasco Texas, to San Antonio Texas, to attend a religious ceremony. A semi tractor trailer swerved into plaintiff’s lane and struck her vehicle three times. This sent it off the highway onto a grassy field. Plaintiff suffered from neck and back pain. She received physical therapy, chiropractic care and pain management, and finally a recommendation for surgery to her lumbar spine. The plaintiff did not have surgery scheduled at the trial.
Case Details
- Case No. Jonely Alce, Inc.
- Court and case number:Bakersfield Superior Court (BCV-17-100332).
- Date Of Verdict Or Judgment: Friday, June 4, 2021
- Date Action Filed:Tuesday November 14, 2017
- Types of Action: Motor Vehicles – Tractor Trailers and Motor Vehicles – Truck vs. Auto – Truck Accident
- Judge/Arbitrator(s), Hon. David Lampe
- Plaintiffs: Jonely Alce
- Defendants: AMRI Transportation Inc
- Type: Jury Verdict
Verdict and Settlement
- Award or Gross Verdict: $1,094,494.00
- Economic DamagesPast medical expenses: $122,794Future medical expenses: $235,000.
- Non-Economic Damages:Past: $368,000Future: $368,000
- Arbitration or Trial Time: 7 Days
- Jury Deliberation: 4 Hours
- Jury polls:10-2
Personal Injury Lawyers
- Attorney for the PlaintiffChase, LLP by Gavin Long, Newport Beach.
- Advocate for the DefendantHosp, Gilbert & Bergsten by Robert Bergsten, Pasadena.
Expert Witnesses
- Plaintiff’s Medical Expert(s).Devin Binder, M.D., neurosurgery, Fountain Valley.Jorge Saenz, M.D., pain management.Mary Eng, physical therapy.Adrian Hernandez, DC.
- The Medical Expert(s), Defendant:Dr. Gerald Alexander M.D. Orthopedic surgery.Dr. Stephen Rothman, M.D., radiology.
Lawyers’ Closing Arguments
Plaintiff’s Contentions:The subject collision resulted in plaintiff suffering a 3mm L4/5 lumbar protrusion which impinged on the exiting nerve root, and thecal sac. This required conservative care, pain management, and a surgical recommendation.
Defendant’s Contentions:The collision was a side-swipe which does not cause lumbar Protrusions. Defense experts found no protrusions on the MRIs.The plaintiff suffered only strains and sprains that caused neck and back pain for six to eight weeks. The plaintiff was involved in a high school fall. X-rays were taken to her neck, back and pelvis. The extensive treatment was also required because the plaintiff had suffered three other injuries.The plaintiff was able work for a good portion of the first year and half following the collision. She was not as severely injured as she claimed. Defense experts said that the lien-based treatment provided to plaintiff allowed providers to avoid providing unnecessary treatment.
Personal Injuries and Damages
- Plaintiff claims physical injuriesPlaintiff was injured in the subject collision. A 3 mm L4/5 lumbar protrusion impinged on the exiting nerve root. This resulted in pain management, conservative care and a surgical recommendation.Defense counsel: Plaintiff’s current symptoms, which include debilitating low back pain and radiculopathy, require her to use an electric wheelchair. Plaintiff was already wheelchair bound at the trial.
Special Damages
- Special Damages Claimed – Past Medical: $122,794
- Special Damages Claimed – Future Medical: $235,700
Demands and offers
- Plaintiff, SS998 Demand$205,000
- Defendant SS998 Offer: $125,000
Additional Notes
All jurors, witnesses, and lawyers were required to wear masks during the trial.
The jury awarded $1,800,000. That was the total amount requested by plaintiff’s counsel.
Plaintiff also seeks approximately $230,000 in interest, and $90,000. in costs.
