Case details

Driver and passenger claimed spinal injuries from rear-ender





Result type

Not present

anxiety, mental, psychological
On Nov. 18, 2011, at approximately 6 p.m., plaintiff Yuli You, an engineer in his 30s, was driving on Sorrento Valley Road in San Diego, accompanied by his wife, plaintiff Wenjie Li, an engineer in her 30s, in the front passenger seat. While they were in stop-and-go traffic, they were rear-ended by a vehicle operated by Greg Swanson. You and Li each claimed to their neck and back. You and Li sued Swanson. They alleged the defendant was negligent in the operation of his vehicle. Swanson admitted liability, and the matter proceeded to an expedited jury trial on damages., Two days after the accident, You and Li presented to their primary care physician for treatment of their respective neck and back complaints. They were each diagnosed with soft-tissue strains and sprains, and referred to an orthopedist. They then went on to treat with chiropractic care, which Li underwent for three months, while You continues to receive treatment. You claimed that he suffers from some post-traumatic stress disorder and anxiety. He also claimed that he still experiences pain and discomfort in his neck and back. You alleged that as a result, he has difficulty standing and sitting for long periods, and is restricted in exercising and playing with his children. Li claimed she is fully recovered from her and does not seek further treatment. Thus, You sought recovery of roughly $12,529 in past medical costs and Li sought recovery of $1,025 in past medical costs. In addition, both plaintiffs sought recovery of damages for their pain and suffering and did not make claims for any loss of earnings. Defense counsel disputed the reasonableness and necessity of You’s medical costs, arguing that appropriate treatment for soft-tissue strains and sprains should have been three months.
Superior Court of San Diego County, San Diego, CA

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