Case details

Defense: Driver cut off vehicle, taking away stopping distance





Result type

Not present

back, epidural injections, neck
On Dec. 7, 2016, plaintiff Enriquez Rodriguez, 50, a contractor, was on driving Interstate 805, in San Diego, when his vehicle was rear-ended by a vehicle operated by Andrea Olmos. Rodriguez claimed to his back and neck. Rodriguez sued Olmos. Rodriguez alleged that Olmos was negligent in the operation of her vehicle. Defense counsel contended that Rodriguez cut in front of Olmos’ vehicle, taking away any stopping distance and causing the accident. The defense’s accident reconstruction expert, observing just the physical evidence and ignoring Olmos’ testimony, opined that Rodriguez’s vehicle cut off Olmos’ vehicle., Rodriguez claimed he sustained soft tissue to his neck and lower back. He presented to a chiropractor, whom he had previously received treatment, on Dec. 8, 2016, the day after the accident. Rodriguez underwent approximately six months of pain management treatment and received epidural injections. Rodriguez’s treatment caused him to miss some time from work, but he was able to continue at his job. However, he claimed he might need to continue chiropractic sessions or pain management. Plaintiff’s counsel asked the jury to award $25,000 to Rodriguez, including $2,000 in lost earnings, and $14,000 in past medical expenses for his chiropractic sessions, pain management and injections. Defense counsel argued that Rodriguez’s medical expenses were unnecessary because Rodriguez had chiropractic care prior to the subject collision and that the treatment was not reasonably related to the accident.
Superior Court of San Diego County, San Diego, CA

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