Case details

Defense: Treatment outside of initial visit was excessive

SUMMARY

$315

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, neck, sprains, strains
FACTS
On June 11, 2009, plaintiff Roberto Ramirez Garibay was driving east on Interstate 10, when his vehicle was rear-ended by a vehicle operated by Nicole Hubble. Garibay sued Hubble, alleging that the defendant was negligent in the operation of her vehicle. Hubble admitted liability for the accident. A nonbinding arbitration was held on Sept. 6, 2011, which resulted in a $5,720 award for Garibay. However, the defendant rejected the finding and the matter proceeded to trial., Garibay claimed he suffered sprains and strains to his neck and back. He first sought treatment with his primary care physician two days after the accident and then received three months of chiropractic treatment. Garibay claimed $3,220 in medical expenses for the treatment and claimed that, thereafter, she suffered no other residuals. Defense counsel argued that the impact of the collision was insufficient to cause injury. Counsel also argued that $315 for Garibay’s initial visit to his primary care physician and associated charges was reasonable, but that all other treatment was excessive, unreasonable and unnecessary. Prior to trial, the parties established a $6,500/$2,000 high/low agreement in regards to the plaintiff’s alleged general damages.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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