Case details

Defense argued plaintiff overtreated elbow injury





Result type

Not present

cortisone injections, elbow, epicondylitis, tendinitis, tendinosis wrist
On Sept. 29, 2011, at approximately 10 a.m., plaintiff Jesus San Gutierrez, a baker in his 40s, was parked in a parallel parking space on Encinal Avenue in Alameda when his vehicle was struck by a vehicle operated by Marcie Loch, who was parked behind Gutierrez. As Loch pulled out of the space and proceeded onto Encinal Avenue, the passenger side mirror and front corner of her car came into contact with the driver side mirror and front corner of Gutierrez’s vehicle. As a result, Gutierrez claimed to his left elbow and wrist. Gutierrez sued Loch, alleging the defendant was negligent in the operation of her vehicle. Loch admitted liability for the accident, and the matter proceeded to a trial on causation and damages., Roughly one month after the accident, Gutierrez went to a chiropractor with complaints of left elbow and wrist pain. He was then referred to an orthopedist and underwent two MRIs of his left elbow, which Gutierrez claimed revealed epicondylitis and tendinosis. He also claimed that his wrist injury was categorized as a sprain. Gutierrez ultimately treated with four months of chiropractic care and eight months of orthopedic care, during which he received cortisone injections to his left elbow. Gutierrez claimed he still experiences significant pain and discomfort in his left elbow, which requires surgery, while his wrist injury has resolved. He alleged that as a result of his elbow injury, he missed three days of work and he can no longer play soccer with his son. Thus, he claimed his ongoing pain lowered his enjoyment of life and reduced his job and household duties. Gutierrez sought recovery of $4,495 in past medical costs, $34,000 in damages for his pain and suffering, and an unspecified amount for his future medical costs. Defense counsel contested the alleged elbow injury causation, arguing that Gutierrez did not sustain epicondylitis or tendinosis from the subject accident. Counsel also disputed the reasonableness and necessity of Gutierrez’s care, arguing that Gutierrez overtreated his . Defense counsel further argued that Gutierrez failed to mitigate his damages in that Gutierrez went outside of Kaiser, where he was a member.
Superior Court of Alameda County, Hayward, CA

Recommended Experts


Get a FREE consultation for your case