Case details

Defense: Treatment excessive for minor impact collision

SUMMARY

$333.72

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, headaches, lower back, neck, shoulder pain
FACTS
At around 5:30 p.m. on Dec. 20, 2012, plaintiff Krystal Diaz, 32, a special education teacher, was driving her 2005 Scion in the rain when she stopped in the left turn lane of Valley Parkway, at the intersection with the northbound Escondido Freeway, also known as Interstate 15, in Escondido. While in the turning lane, her vehicle was rear-ended by a 2007 Saturn ION, which was operated by Trevor Frerking. Diaz claimed to her neck and back. There was no police investigation, nor were there any witnesses to the collision. Diaz sued Trevor Frerking and the owners of the Saturn ION, Trevor Frerking’s parents, Cynthia Frerking and Jay Frerking. Diaz alleged that Trevor Frerking was negligent in the operation of his vehicle and that Cynthia Frerking and Jay Frerking were vicariously liable for their son’s actions. Jay Frerking was later determined to be the only owner of the Saturn ION. However, both Cynthia Frerking and Jay Frerking were ultimately dismissed from the case. Thus, the matter proceeded to trial against Trevor Frerking only. Trevor Frerking claimed that he was in the left turn lane, attempting to enter the northbound freeway, but that there were multiple vehicles stopped in front of him at the red light. He was stopped directly behind Diaz’s vehicle. Trevor Frerking claimed that when the light turned green, he observed Diaz move forward, so he also started to move forward. However, he claimed that he looked down for a second and that when he looked back up, he saw that the Diaz’s vehicle was at a complete stop. Trevor Frerking claimed he attempted to stop, but the front of his vehicle rear-ended Diaz’s vehicle. He estimated that his speed at the time of impact was approximately 5 mph. The defense’s accident reconstruction expert opined that the impact speed was 6 to 8 mph. Diaz did not contest that estimate. Thus, Trevor Frerking admitted liability for the accident., One day after the accident, Diaz presented to an urgent care facility with complaints of pain to her neck and back. Two weeks later, she followed up with her primary care physician with complaints of continued pain to her lower back and neck with tingling down her right arm. She also complained of sternum pain and headaches. X-Rays were ordered and came back normal. Diaz was then referred to physical therapy, which she began on Jan. 17, 2013. After completing six physical therapy session, Diaz was discharged on March 15, 2013. She then returned to her primary care physician on March 21, 2013, and made continued complaints of pain to her neck and back. This time, she was referred for an MRI of her lumbar, thoracic and cervical spine, but all three MRIs come back normal, with the cervical MRI showing a straightening of the normal curvature. On Oct. 14, 2013, Diaz returned to her primary care physician with pain to her left shoulder pain and lower back. Diaz was referred to a pain management specialist, who completed 10 trigger point injections on Oct. 18, 2013. The specialist then referred Diaz for another thoracic MRI, which Diaz underwent 10 days later. However, the MRI again came back normal. Diaz returned to the pain management specialist on Nov. 25, 2013, and received another 10 trigger point injections. During the course of treatment through her primary care physician, Diaz also underwent simultaneous treatments with a chiropractor. In total, she treated with the chiropractor 64 times between Dec. 29, 2012, and Dec. 16, 2013. Diaz claimed that all treatment was necessary and reasonable and that she only missed one day of work before being able to return. She also claimed that in November 2013, after the 20 trigger point injections, she was pain free. Thus, Diaz sought recovery of $16,365 in past medical costs, including $8,126 for the total cost of treatment through the primary care provider (including the four MRIs) and $8,239 for the 64 chiropractic treatments. She also sought recovery of $98.72 in past lost wages and $50,000 in general damages for her past pain and suffering. As a result, plaintiff’s counsel asked the jury to award Diaz $66,463.72 in total damages. It was noted that Diaz’s 2005 Scion sustained property damage in the amount of $1,540.55, while Trevor Frerking’s 2007 Saturn ION sustained property damage in the amount of $732.78. Defense counsel contested the causation of Diaz’s alleged , as well as the reasonableness and necessity of Diaz’s medical treatment. Counsel argued that no injury could have occurred from the minor impact collision and that if an injury did occur, medical treatment should not have reasonably exceeded $2,500.
COURT
Superior Court of San Diego County, Vista, CA

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