Case details

Cart handler claimed continued back problems after hit by van





Result type

Not present

back, lower back
On the rainy morning of Nov. 22, 2008, plaintiff Edgar Romero, 21, who was employed by Costco on the cart crew, was pulling carts out of a cart corral when he was struck in the back by a van that was backing out of a parking space. The impact caused the vehicle’s back window to shatter, and Romero claimed lower back from the incident. Romero sued the driver of the van, Manja Kim, and the vehicle’s owner, Tae Wook Kim. He alleged that Mrs. Kim was negligent in the operation of her vehicle and that Mr. Kim was vicariously liable for her actions. Specifically, Romero contended that Kim was negligent for failing to yield the right of way to a pedestrian. The defendants conceded liability for the accident., After the incident, Romero reported complaints of back pain and was treated by a workers’ compensation doctor. He then had two subsequent visits with the same doctor within a month after the accident. He then started private treatment with his expert chiropractor for over a few months. Within a couple of weeks of the accident, Romero returned to work on light duty restrictions, as he claimed pain with lifting, pushing and pulling. However, he was ultimately able to resume his regular duties within a couple of months of the accident. Romero claimed past medical bills of $2,486.50 and future medical bills of $2,700 for treatment of his ongoing middle and lower back pain. He also claimed past loss of earnings in the amount of $360. Defense counsel contested the nature and extent of Romero’s . Counsel also disputed the necessity and reasonableness of Romero’s treatment and bills. In addition, defense counsel contested the amount of Romero’s loss of earnings claim.
Superior Court of Santa Barbara County, Santa Barbara, CA

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