Case details

Defense: Low-speed collision could not have caused injuries

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
neck, whiplash
FACTS
In August 2015, plaintiff Suly Chavez, a housekeeper in her 30s, was driving on an exit ramp for northbound U.S. Route 101, near Woodland Hills. Her sister, plaintiff Marilia Chavez, an unemployed woman in her 30s, was a front seat passenger, and a relative, plaintiff Justin Salvatierra, 18, a high school student, was a passenger in the back seat. While Suly Chavez was stopped, waiting to make a right turn, her vehicle was rear-ended by a vehicle operated by Jose Torres. Suly Chavez, Marilia Chavez and Justin each claimed to their neck and back. Suly Chavez, Marilia Chavez and Justin sued Torres and Torres’ employer, Austin Drugs. The plaintiffs alleged that Torres was negligent in the operation of his vehicle and that Austin Drugs was liable for Torres’ actions while in the course and scope of his employment. Torres claimed that he believed Suly Chavez was in the process of making a right turn, as her vehicle moved forward, but that Suly Chavez’s vehicle stopped shortly thereafter. Torres claimed that as a result, his vehicle rolled into the back of the plaintiffs’ vehicle. Thus, Torres and Austin Drugs conceded liability for the accident., Suly Chavez, Marilia Chavez and Justin each claimed whiplash-induced of the back and neck. They each underwent orthopedic evaluations, had chiropractic treatment, and had multiple X-rays and MRIs. Suly Chavez also received an epidural injection, and she claimed she was unable to work for six months. She sought recovery of $25,000 in past medical costs, as well as an unspecified amount of general damages for her past and future pain and suffering. Marilia Chavez sought recovery of $23,000 in past medical costs, as well as an unspecified amount of general damages for her past and future pain and suffering. Justin sought recovery of $15,000 in past medical costs, as well as an unspecified amount of general damages for his past and future pain and suffering. Defense counsel noted although the plaintiffs each claimed they suffered from residual complaints, they all were not undergoing medical care. As a result, counsel argued that the plaintiffs’ care was attorney choreographed and that the plaintiffs’ medical care was excessive care. The defense’s expert orthopedic surgeon performed an independent medical exam on Suly Chavez, and reviewed the medical records for Marilia Chavez and Justin. The expert testified that he did not know if the plaintiffs were injured in the accident, but that if they were, based on history, records and examination, he believed that the plaintiffs would have only sustained minor soft tissue . The expert also opined that the plaintiffs’ treatment was overpriced, unreasonable and unnecessary. The defense’s accident reconstruction expert testified that based upon his evaluation of the scene photos, and of the damage and repair estimates, as well as testimony, he opined that the contact speed between the vehicles was between 5 and 7 mph and that the type of force generated in the accident would have been akin to a vehicle bumping a curb stop while trying to park.
COURT
Superior Court of Los Angeles County, Van Nuys, CA

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