Case details

Defense claimed minor impact did not cause plaintiff’s injuries





Result type

Not present

back, cervical, lumbar, neck, sprain, strain
On April 8, 2014, plaintiff John Elbers, an engineer in his 50s, was driving on Pomerado Road, in San Diego, when his vehicle was impacted by a vehicle operated by Debra Beasley. Elbers claimed to his neck and back. Elbers sued Beasley, alleging that Beasley was negligent in the operation of her vehicle. Elbers claimed that Beasley rear-ended his vehicle. Beasley claimed that Elbers backed up his vehicle to avoid construction and collided with her vehicle., Elbers claimed that he sustained sprains and strains to his back and neck, and that his pre-existing neck pain was aggravated by the subject collision. He presented to the Urgent Care Department at Temecula Valley Hospital, in Temecula, four days after the accident. He then underwent five months of chiropractic treatment, trigger point injections and massages at Sorrento Valley Pain Relief Center, in San Diego. Elbers sought recovery of $18,185 in past medical costs, including $825 for his treatment at Temecula Valley Hospital and $17,360 for his treatment at Sorrento Valley Pain Relief Center. He also sought recovery of damages for his past and future pain and suffering. Defense counsel argued that the collision involved a minor impact that was insufficient to cause the alleged. Counsel also argued that if Elbers was injured, his initial treatment at Temecula Valley Hospital would have been reasonable and that any treatment undergone after that was unreasonable. Defense counsel called Elbers’ treating primary care physician to testify about Elbers’ long history of chronic neck pain.
Superior Court of San Diego County, San Diego, CA

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