Case details

Broadside crash caused shoulder injury, plaintiff claimed





Result type

Not present

back, injury, neck, rotator cuff, soft tissue, sprains shoulder, strains, tear
On Nov. 1, 2009, at approximately 5:50 p.m., plaintiff Derek Nguyen, a self-employed handyman in his 50s, was driving on 17th Street in Escondido when he was broadsided by a vehicle operated by Quinton Crawford. Nguyen claimed to his neck, back and left shoulder. Nguyen sued Crawford, alleging that the defendant was negligent in the operation of his vehicle. Specifically, Nguyen claimed that Crawford was traveling at roughly 50 mph as Crawford ran a stop sign at the subject intersection and crashed into the passenger side of his vehicle. Nguyen also claimed that the impact caused his vehicle to spin two to three times before it came to rest on the sidewalk, and that his vehicle was deemed a total loss due to the collision. Crawford did not dispute liability for the accident., Nguyen presented to an orthopedic surgeon with complaints of neck and back pain. He was subsequently diagnosed with soft-tissue strains and sprains, and started a course of chiropractic care. After treating for five months, Nguyen claimed his neck and back resolved, but that a left shoulder condition persisted. He was ultimately diagnosed with a rotator cuff tear, which he claimed now requires arthroscopic surgery. Nguyen claimed that his shoulder condition has affected his handyman business, in that he relies on more help and had to hire additional workers. Thus, he sought recovery of $8,695 in past medical costs, an unspecified amount for future medical costs for the shoulder surgery, and an unspecified amount of damages for his past and future pain and suffering. Defense counsel disputed the alleged rotator cuff tear. Counsel also disputed the cause of Nguyen’s alleged shoulder injury, asserting that it was not caused by the subject accident. Defense counsel further asserted that even so, Nguyen did not require surgery for his shoulder.
Superior Court of San Diego County, Vista, CA

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