Case details

Broadside crash caused spine and shoulder injuries: plaintiff





Result type

Not present

back, lower back, neck
On Dec. 4, 2009, plaintiff Zaid Ali, 29, a stage hand for Somarts Cultural Center in San Francisco, was in his vehicle traveling on Illinois Street in San Francisco when he was broadsided by a vehicle operated by Debbie Acoba. Ali claimed to his neck, left shoulder, and lower back. Ali sued Debbie Acoba and the co-owner of the vehicle, Omar Acoba. Ali alleged that Ms. Acoba was negligent in the operation of her vehicle and that Mr. Acoba was vicariously liable for Ms. Acoba’s actions. The Acobas conceded liability, and that matter proceeded to a nonbinding arbitration. In October 2012, Ali was awarded $10,529, but the Acobas rejected the arbitration finding. Thus, the matter continued to a trial on damages., After the collision, Ali attempted to go to work, but when his pain continued a few hours after the accident, he took himself to the Emergency Department at San Francisco General Hospital. Ali presented with complaints of pain to his lower back, head and neck, as well as complaints of not being able to lift his left arm above his shoulder. He claimed he suffered stains to his neck, back and left shoulder. The E.R. physicians also noted the limited range of motion in Ali’s left arm. Twelve days after the accident, Ali began chiropractic care at Civic Center Chiropractic and on May 19, 2010, underwent an MRI at Hilltop Imaging in Richmond. Ali claimed he missed one day of work as a result of needing to go to the hospital. Thus, he sought recovery of $140 in past lost earnings and $6,529, in past medical costs, including $692 for the emergency room visit, $2,500 for the MRI and $3,337 for the chiropractic care. Defense counsel conceded that both the trip to the emergency room and the loss of earnings were reasonable. However, counsel disputed the extent of Ali’s treatment, contending that Ali overtreated his . Thus, defense counsel argued that the chiropractic care and MRI were not reasonable, necessary or related to the motor vehicle collision.
Superior Court of San Francisco County, San Francisco, CA

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