Bronfort G, Assendelft W, Evans R, Haas M, Bouter L : Efficacy of spinal manipulation for chronic headache: a systematic review.Sjosten N, Nabi H, Westerlund H et al: Influence of retirement and work stress on headache prevalence: a longitudinal modelling study from the GAZEL Cohort Study.The defense further argued that McMiller was able to find other employment.References for TOPIC ARTICLE: Chiropractic Care of Headache Pain The defense noted that McMiller filed a workers’ compensation claim against his employer, and nowhere in the medical records pertaining to workers’ compensation is there a mention of any hearing loss. The defense also disputed that his hearing loss was caused by the subject accident. The defense disputed McMiller‘s contention that he could not drive a truck due to knee pain, by pointing out that the vehicle’s clutch is on the left side, which required his left leg. The defense argued that McMiller‘s brother testified that prior to the accident they had not played basketball together in about three years. He further opined that he did not believe he suffered the brain/inner ear injuries as a result of the collision. He opined that he did not believe McMiller suffered more than a torn meniscus of his knee in the accident. The defense called the plaintiff’s orthopedic surgery expert to testify for the defense. The defense argued that there was very little damage sustained to both trucks. The defense argued that the alleged injuries were not caused by the accident. He claimed approximately $1 million in loss of earnings. McMiller sought $251,000 for past medical expenses, as well as damages for past and future medical expenses past and future physical impairment past and future pain and suffering and past and future loss of earnings. He also claimed that he pain in his right knee made it impossible for him to operate a truck because of an inability to press the clutch due to the pain. He claimed that he used to play basketball often with his brother prior to the accident, but is no longer able to do so due to the knee injuries. McMiller claimed that he sustained residual pain and limitations performing activities of daily living. He opined that McMiller suffered a post-concussive injury to his brain, which affected his inner ear and resulted in severe, permanent hearing loss, tinnitus and periodic vertigo. McMiller‘s treating neurologist opined that he lost 80 percent of his hearing.
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McMiller claimed he was unable to return to his job as a truck driver because of his hearing loss. McMiller claimed that he suffered hearing loss as a result of the head impact to the side panel of the cab. The plaintiff’s treating orthopedist opined that due to the position of his right foot on the truck’s brake at time of impact, he was thrust forward and upward, causing both right knee tears. McMiller underwent two separate arthroscopic surgical procedures to repair his knee. McMiller was later diagnosed with a medial meniscus tear and an anterior cruciate ligament tear of his right knee. He sustained a concussion, underwent X-rays and was discharged.
McMiller was taken by ambulance to a local emergency room after the collision with complaints of a headache and pain in his right knee. Colunga claimed that McMiller was driving between 30 mph and 60 mph. Colunga claimed that McMiller was distracted and didn’t realize he was in a construction zone until the last second when McMiller made a sudden, abrupt stop in front of him. He also claimed that McMiller was talking on his cell phone at the time he made the sudden lane change. He claimed that he was unable to stop in time to avoid the impact. Colunga claimed that McMiller was in the left lane next to him when he suddenly and unexpectedly changed lanes directly in front of him. McMiller noted that Colunga, who was 22 years old at the time of the accident, was an inexperienced driver and had only been a truck driver for one month.
McMiller claimed that Colunga was traveling approximately 60 mph. McMiller claimed that he had been stopped for approximately three minutes waiting for traffic to clear. He said traffic was being funneled off the highway onto an access road to bypass the construction area, when Colunga struck him. McMiller claimed that he was stopped for traffic at a construction zone, and he was well ahead of Colunga. McMiller sued Rafael Transport, claiming it was vicariously liable for Colunga’s negligence because he was in the course and scope of employment.
Santiago Colunga was driving a tractor-trailer for Rafael Transport, LLC, and rear-ended him. Postal Service, was driving a tractor-trailer on Interstate 35 North in Georgetown at about 2 a.m. 29, 2012, plaintiff Anthony Cortez McMiller, 46, a truck driver for the U.S.
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