Case details

Defense: Damage to vehicles indicated plaintiff caused crash





Result type

Not present

back, neck, pain, soft tissue
On Dec. 12, 2013, plaintiff Thanh Nguyen, a nail salon owner her 40s, got off the Kumeyaay Highway (Interstate 8) off-ramp and was driving on Alvarado Road, in La Mesa, when she was involved in a sideswipe accident with a vehicle operated by Leslie McCary. Nguyen claimed to her neck and back. Nguyen sued McCary, alleging motor vehicle negligence. Specifically, Nguyen claimed that her vehicle was sideswiped when McCary failed to yield and entered her lane. McCary claimed that she yielded to any oncoming traffic and that after she had safely yielded, Nguyen’s vehicle entered her lane and sideswiped her vehicle. The defense’s accident reconstruction expert opined that due to the damage on the vehicles, McCary was in control of her vehicle when Nguyen’s vehicle sideswiped McCary’s vehicle. In response, the plaintiff’s accident reconstruction expert acknowledged that he did not inspect the vehicles, but testified that he disagreed with the scope of damage on McCary’s vehicle., Nguyen claimed that she sustained soft-tissue to her neck, back, and hips. She subsequently treated with her chiropractor that same day and continued to undergo chiropractic treatment. An MRI showed several disc protrusions at the cervical level, which Nguyen claimed were attributable to the subject accident. The plaintiff’s treating chiropractor opined that Nguyen’s treatment was reasonable and related to the subject accident. Nguyen claimed that despite treatment, she still suffers neck and back pain. She also claimed that she stopped working, but admitted that it was unrelated to the subject accident. Thus, Nguyen sought recovery of past and future medical costs, as well as recovery of damages for her past and future pain and suffering.
Superior Court of San Diego County, San Diego, CA

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