Case details

Defense: Force of impact could not cause injuries alleged

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
neck
FACTS
On Aug. 19, 2009, plaintiff Anthony Ringer, 45, a baseball academy worker, was operating a 1983 Mercedes Benz 300 at the intersection of Elk Grove Boulevard and Florin Road, in Elk Grove, when his vehicle was rear-ended by a non-party 2006 Scion, which had been rear-ended by a 1997 Acura that was operated by 16-year-old Christine O’Boyle. No police or ambulance was called to the scene, and no police report was ever prepared as a result of the accident. However, Ringer claimed he injured his back and neck in the accident. Ringer sued Christine O’Boyle and the owner of Christine’s vehicle, David O’Boyle, Christine’s father. Ringer alleged that Christine was negligent in the operation of her father’s vehicle and that Mr. O’Boyle was vicariously liable for his daughter’s actions. A non-binding arbitration hearing took place on Jan. 9, 2012. The arbitrator subsequently awarded Ringer $20,205, which included awards of $11,560 in medical costs and $8,645 in wage loss, plus he was awarded costs. Since Ringer did not have automobile insurance, he was not entitled to any general damages, pursuant to Proposition 213. Christine and Mr. O’Boyle rejected the arbitration award, and the matter proceeded to an expedited jury trial. Ringer claimed that on his way to McDonald’s with an adult passenger and the passenger’s 6- or 7-year-old son in his vehicle when the accident occurred. Ringer testified that he stopped behind approximately 20 to 25 cars, which were stopped for a train crossing. He claimed that while completely stopped, his vehicle was rear-ended by a Honda and pushed forward approximately one foot. Ringer alleged that he felt one rear-end impact and that when he exited his vehicle, the driver of the Honda stated that he was hit by a lady behind him (Christine) and pushed into Ringer’s vehicle. Christine claimed that she left the McDonald’s restaurant with her friend as a passenger, heading to her friend’s aunt’s house, when the incident occurred. Christine claimed that Elk Grove Boulevard merges from two lanes into one lane and that when she tried to merge, an individual to her left would not let her merge in. She alleged that as a result, she sped up and merged in front of the individual and then stopped three to four feet behind an orange Scion. However, Christine claimed that she was preoccupied with the individual behind her and that when she redirected her eyes forward, she incorrectly assumed that traffic was moving forward. She alleged that as a result, the front of her vehicle came into contact with the Scion vehicle in front of her. Christine testified that she was unsure of the exact speed of her vehicle when it contacted the vehicle in front of her, but that she believed it was below five miles per hour., Ringer claimed that the accident caused some paint to come off the rear bumper of his vehicle, but there was no other damage to his vehicle. Ringer also sustained no cuts or bruises in the impact, and his body did not strike any part of the interior of the vehicle. He also confirmed he did not notice any pain at the accident scene and never requested an ambulance. Thus, he did not go to an emergency room on the day of the incident. However, Ringer claimed the repair estimates for his vehicle were in a range of $600 to $900. Ringer claimed that he first sought medical care approximately 1.5 weeks after the accident, when he went to Elk Grove Chiropractic and treated on a lien basis. The chiropractor examined Ringer, ordered X-rays, put ice on Ringer, and put Ringer on a heating pad rolling bed for the complaints of lower back pain. In addition, one of the chiropractor’s office assistants performed massages and then the chiropractor cracked Ringer’s back into place. Since Ringer claimed he started having neck pain a couple weeks after the accident, the chiropractor referred him to Dr. David Chan, an orthopedic surgeon. Chan ordered X-rays and referred Ringer to another orthopedic surgeon, Dr. Pasquale Montesano. Ringer testified that after approximately three or four visits with Montesano, during which he underwent additional films and an MRI, he was informed that there was something wrong with his back and neck and that he needed surgery. However, Ringer claimed he is scared of surgery and, thus, did not schedule the recommended procedure. Ringer sought recovery of $11,560 for his total past medical costs, as well as recovery for his loss of earnings. Defense counsel contended that there were conflicting repair estimates and that the cost to repair Ringer’s vehicle was no more than approximately $603.10. Counsel also noted that Christine claimed that her vehicle only sustained a bent license plate in the impact, with no repair estimate being necessary. Thus, defense counsel contended the forces of the accident were insufficient to cause any .
COURT
Superior Court of Sacramento County, Sacramento, CA

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