Case details

Defense argued plaintiffs’ medical care was excessive





Result type

Not present

back, neck, soft tissue
On May 29, 2016, plaintiff Irene Consolacion, a bank’s employee in her 30s, was driving on State Route 68, in Monterey. Her daughter, plaintiff Kalea Consolacion, 3, occupied a child-safety seat on the vehicle’s rear seat. Their vehicle’s rear end was struck by a trailing vehicle that was being driven by Samantha Martinez. Irene Consolacion claimed that she suffered of her back and neck. She claimed that Kalea suffered an injury of her back. Consolacion, acting individually and as Kalea’s guardian ad litem, sued Martinez. The lawsuit alleged that Martinez was negligent in the operation of her vehicle. Defense counsel conceded liability. The matter proceeded to an expedited trial that addressed damages., Consolacion visited an urgent-care facility. She claimed that her back and neck were painful. She underwent minor treatment. Consolacion ultimately claimed that she suffered of soft tissue of her back and neck. She underwent about five months of chiropractic treatment. She claimed that her prevented her performance of about two months of work. Consolacion has recovered. She sought recovery of $9,288 for past medical expenses, $8,000 to $9,000 for past loss of earnings, and unspecified damages for past pain and suffering. Plaintiffs’ counsel claimed that Kalea suffered an injury of soft tissue of the back. Kalea underwent about three months of chiropractic treatment. She has recovered. Consolacion sought recovery of $2,008 for Kalea’s past medical expenses, and she sought recovery of unspecified damages for Kalea’s past pain and suffering. Defense counsel contended that the plaintiffs’ medical expenses were unreasonable; that Kalea’s treatment was unnecessary or excessive, given Kalea’s youth; that Consolacion’s lost-earnings claim was excessive; and that the plaintiffs exaggerated their pain and suffering.
Superior Court of Monterey County, Monterey, CA

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