Case details

Defendant’s unsafe turn caused accident, plaintiff alleged

SUMMARY

$10000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, cervical, lumbar, neck, sprain, strain
FACTS
On Jan. 19, 2016, plaintiff Shane Tippit, 25, a self-employed window restorer, was driving east on Telegraph Road, in Santa Fe Springs, when the front end of his vehicle collided with the passenger side, rear quarter panel of a vehicle operated by Francisco Preciado. Tippit claimed to his neck and back. Tippit sued Preciado. Tippit alleged that Preciado was negligent in the operation of his vehicle. Tippit claimed that Preciado failed to yield the right of way and made an unsafe left turn in front of him, causing the incident. Preciado claimed that he did not see Tippit’s vehicle for the 200 yards before the incident. He also claimed that Tippit was distracted and/or speeding, and consequently caused the incident in whole or in part., Tippit claimed that he sustained soft tissue , including sprains and strains to his neck and back. He first sought medical care about four weeks after the accident. He underwent chiropractic care and physical therapy. He also underwent an MRI and had a consultation with an orthopedic surgeon. Tippit allegedly incurred approximately $20,000 in medical bills. Of that, $5,000 was deemed usual, customary and reasonable by the plaintiff’s own medical expert. Tippit claimed that he suffers from continuing neck and back pain. He alleged that at the time of the incident, he was self-employed, working in window restoration, which involved him removing graffiti from storefronts in commercial areas. However, he claimed that as a result of his , he stopped doing the restoration work because it would aggravate his pain symptoms. He alleged that he is now unemployed, but is going to college. Tippit further claimed that was one of the caregivers for his small niece and nephew and that he used to love doing physical activities with them, such as riding bikes and playing, but that he had to cut back on those activities because of his pain. Tippit admitted that he ceased treatment 2.5 years before trial, but he claimed that he was recommended for future care, which involved participating in a comprehensive home exercise programs and taking anti-inflammatory medication to help manage his pain symptoms. Defense counsel noted that Tippit hasn’t undergone treatment in 2.5 years, and asserted that Tippit couldn’t still be hurt.
COURT
Superior Court of Los Angeles County, Santa Monica, CA

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