Case details
Defense: Damage to vehicles indicated plaintiff caused crash
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
back, neck, pain, soft tissue
FACTS
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.
COURT
Superior Court of San Diego County, San Diego, CA
Similar Cases
Negligent tire repair caused serious rollover crash: family
AMOUNT:
$375,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Steep, winding road caused multiple truck crashes: plaintiffs
AMOUNT:
$32,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Dangerous highway caused fatal multiple vehicle crash: suit
AMOUNT:
$18,681,052
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Applicant claimed future care needed after fall from roof
AMOUNT:
$3,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Roofer claimed he needs future care after fall from roof
AMOUNT:
$6,000,000
CASE RESULT:
Plaintiff won
INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
- Show More
- Show Less
CATEGORY:
Personal Injury
Plaintiff: Improperly trained delivery personnel caused injuries
AMOUNT:
$4,875,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury