Case details

Defense claimed plaintiffs had no future medical needs





Result type

Not present

back, bruise, carpal tunnel syndrome, chest, knee, meniscus, neck, neurological, radicular pain, radiculitis, shoulder, tear, wrist
On July 21, 2012, plaintiff Phat Thai, 54, a cable company worker, was driving a van in San Francisco. His wife, plaintiff Tu Thai, 54, unemployed, was seated in the second seat row and his daughter, plaintiff Justina Thai, 18, was a front seat passenger. As their van entered the intersection of Sunset Boulevard and Taraval Street, it was broadsided by a sedan operated by Belinda Chow. Mr. Thai claimed to his neck, back and chest. Mrs. Thai claimed to her neck, back, chest and hands. Justina claimed to her right knee. The Thais sued Chow, alleging that Chow was negligent in the operation of her vehicle. Chow conceded liability., After the collision, the Thais all went to San Francisco General Hospital. Mr. Thai claimed to his neck and back. He also suffered a bruise to his chest. Mr. Thai subsequently underwent chiropractic treatment and he claimed he suffered no residual issues after treatment. Mrs. Thai claimed to her neck and back, causing radiating pain from her neck into both hands. She claimed that as a result, she suffered numbness in her hands and traumatic carpal tunnel syndrome. She also claimed an injury to her chest. Mrs. Thai subsequently stayed overnight at the hospital and then underwent several months of chiropractic treatment. Mrs. Thai claimed that she will require hand surgery, which she did not undergo by the time of trial out of a fear of surgery. She claimed that although she was unemployed at the time of the accident, she previously drove a forklift daily and worked in a family restaurant as a cashier after the accident. Justina suffered a tear of her right knee’s meniscus. She subsequently presented to an orthopedist with knee pain and was given a knee brace. Justina’s primary care physician referred her to a sports medicine specialist, who testified at deposition that it was likely that Justina suffered a meniscus tear. Justina claimed she will possibly require knee surgery. In regard to Mr. Thai, defense counsel contended that Mr. Thai only suffered minor , which have since healed. The defense’s expert orthopedic surgeon opined that Mr. Thai suffered cervical strain. In regard to Mrs. Thai, defense counsel contended that Mrs. Thai had pre-existing carpal tunnel syndrome. The defense’s orthopedic expert opined that Mrs. Thai had pre-existing carpal tunnel and that she only suffered cervical and thoracic strains. Defense counsel contended that although Justina struck her right knee on the dashboard and had a bruise, there was no proof that Justina had a meniscus tear or that it was caused by the accident. The defense’s expert orthopedic surgeon testified that based on Justina’s post-accident MRI, that there was no proof Justina had a meniscal tear.
Superior Court of San Francisco County, San Francisco, CA

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