Case details

Defense claimed plaintiff’s injuries not caused by crash





Result type

Not present

back, herniated disc, lumbar, lumbar neck, neck
In 2016, plaintiff Chin Sun Kim, 60, a retiree, was driving in Long Beach when her vehicle was struck on the passenger side by a vehicle operated by Don McGraw, who was pulling out of a restaurant’s parking lot. Kim claimed to her neck and back. Kim sued McGraw, alleging that McGraw was negligent in the operation of his vehicle. McGraw admitted liability., Kim claimed she sustained a herniated cervical disc at the C4-5 level and a herniated lumbar disc. She claimed her neck injury was a bigger problem for her than her lower back injury, and she presented to a chiropractor for treatment before later presenting to a family medicine physician. Kim underwent MRIs, and received chiropractic treatment and a series of epidural injections. The plaintiff’s accident reconstruction expert opined that the impact of the collision was major and could have caused Kim’s . The plaintiff’s spinal surgery expert opined that Kim needs future care in the form of more epidural injections and a cervical fusion. Kim sought recovery for her past and future medical costs, and past and future pain and suffering. Defense counsel argued that Kim’s were degenerative and not caused by the collision. Judge Ernest Hiroshige initially denied a motion in limine to exclude the claim that McGraw had three beers prior to leaving the parking lot, but later granted the motion, but only if defense counsel did not dispute the force of the impact or call the defense’s accident reconstruction/biomechanical engineering expert. According to defense counsel, his accident reconstruction expert would have testified about the event data recorder downloaded from McGraw’s vehicle after the collision, which allegedly determined that the collision was minor.
Superior Court of Los Angeles County, Los Angeles, CA

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