Case details

Driver claimed pedestrian did not avoid reversing vehicle





Result type

Not present

back, bulging disc, cervical, herniated disc, lower back, lumbar neck, neck
On Sept. 4, 2008, claimant Kellie Yackee, 25, was walking with a male friend in an apartment complex in Northridge, when she was struck in the upper left leg/hip area by a reversing vehicle operated by Stephen Chou, who was backing out of a parking space. Yackee did not fall to the ground, as her friend was able to steady her and break any potential fall. However, she claimed pain in her left hip, and upper and lower back. Yackee proceeded to arbitration against Chou. She alleged that Chou negligently backed out of the parking space without looking over his shoulder and caused the accident. Chou claimed that he exercised reasonable care by checking his mirrors and backing out of the parking space slowly, but that Yackee was negligent for failing to observe his vehicle., After a brief exchange of information, Yackee walked unassisted from the scene of the accident. However, she claimed that she began to feel worse as the morning progressed. As a result, she presented to the Northridge Hospital Medical Center emergency room with complaints of pain in her left hip, and upper and lower back. Yackee alleged bulging and herniated discs at the cervical and lumbar levels, as well as persistent lower back pain and neck stiffness. She received more than one year’s worth of chiropractic and acupuncture treatment with claimed medical bills totaling $27,813.10. Thus, claimant’s counsel asked the arbitrator to award more than $70,000 in total damages. Respondent’s counsel contended that Yackee’s treatment was excessive and unnecessary, as her were minor. Counsel also noted that Yackee lived in Northridge as a student and would drive a few times a week for two hours to where her parents lived in Apple Valley to receive treatment from her chiropractor.
Superior Court of Los Angeles County, Chatsworth, CA

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