Case details
Defendant claimed plaintiff ran red traffic light
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
back, lower back
FACTS
On Oct. 8, 2011, plaintiff Michael Smith, 43, was operating his vehicle on southbound El Camino Real, also known as State Route 82, when he entered the intersection with Commodore Drive in San Bruno and collided with a vehicle operated by Daniel Williams, who was eastbound on Commodore Drive and attempting to proceed straight into the Tanfran Shopping Center. Smith claimed back and neck as a result of the crash. Smith sued Williams for motor vehicle negligence. He claimed that Williams ran a red light and caused the accident. At trial, Smith testified that his light had been green the entire time he saw it. However, defense counsel noted that in deposition, Smith testified that his light was red until he was about 50 to 100 feet from the intersection, when it turned green. Williams claimed that he was stopped for a red light on Commodore Drive, and only put his car into first gear and proceeded into the intersection when his light turned green. He contended that Smith ran the red light and caused the accident. Defense counsel noted that a witness testified that he was in the right turn lane next to Williams on Commodore Drive and was also stopped at the red light at the intersection. The witness further testified that when his and Williams’ light turned green they both proceeded forward when Smith came through the intersection., Smith alleged that he injured his neck and back in the accident. Two days after the accident, he was taken by ambulance to Seton Medical Center in Daly City. He later followed up with his treating physician for chiropractic treatment. Smith alleged at trial that he was still suffering lower back pain as a result of the accident. However, at trial, Smith only presented evidence of a chiropractic bill in the amount of $1,785.
COURT
Superior Court of San Mateo County, San Mateo, CA
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- brain
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- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
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- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
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