Freeway rear-ender admitted by defense leads to dispute over the extent of the neck injury.

 

Sally Gordon, 60-year-old bookkeeper, was rear-ended on the 405 freeway in Irvine.

 

Sally claimed she suffered not only neck pain, but left trapezius muscle pain, left arm pain and radiating numbness and tingling in her left arm and hand.

 

Defendant disputed the severity of her injuries. Defense medical expert Charles Rosen MD, testified under oath, that Sally should have resolved her pain in 8 weeks of chiropractic care and that her hand and arm symptoms were from pre-existing "carpal tunnel syndrome".

 

However, Sally was able to prove long term RESIDUAL problems that gave her case the greatest strength. Her proof showed a 3.5 mm disc bulge in her neck. She underwent nerve-block procedure.

 

St. Farm's defense attorneys offered Sally $30,000 as total settlement. Sally demanded $99,750. The jury awarded $169,289 PLUS the judge awarded an additional $18,816, because the jury award exceeded Sally's demand.

 

Orange County Superior Court: Hon Robert Moss. Gordon vs Hosseini