Case details
Defense: Plaintiff’s medical treatment not necessary
SUMMARY
$970
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, head, headaches neck, upper back
FACTS
On May 22, 2009, plaintiff Jeanette Martinez, 20, an accountant’s receptionist, was on the on-ramp for eastbound Interstate 10, traveling from Euclid, when her vehicle was rear-ended by a vehicle operated by Daisy Lira. Martinez sued Lira. She alleged that Lira was negligent in the operation of her vehicle. Lira conceded liability., Martinez was not treated at the scene and first sought treatment with a chiropractor on May 26, 2009, when she diagnosed her with muscle strains and sprains. Martinez claimed strains/sprains to her upper spine and neck, as well as resulting headaches. She subsequently treated with her chiropractor for three months, undergoing some chiropractic manipulations, in addition to other in-office therapy. After the initial treatment, the plaintiff’s treating chiropractor recommended one or two visits per year for further treatment, depending on the level of aggravation to Martinez. Thus, Martinez sought recovery for her past and future medical expenses. However, she did not make a claim for lost wages. Defense counsel argued that the nature and extent of Martinez’s medical treatment was excessive and not even necessary.
COURT
Superior Court of San Bernardino County, San Bernardino, CA
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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
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