Case details

Hit-and-run crash caused spine and shoulder injuries: bicyclist





Result type

Not present

head, headaches
On Sept. 17, 2010, plaintiff Phitkaisone Awe Kettavong, 31, a Chinese medicine student, was riding her bicycle along Friars Road in San Diego, crossing the bridge at the State Route 163 overpass, when she was struck by a hit-and-run vehicle. Kettavong claimed to her neck, back and shoulders. Kettavong sued Kenneth Klempan, the owner of the alleged hit-and-run vehicle. Kettavong alleged Klempan was liable for the accident. Kettavong claimed an eyewitness identified the license plate of the hit-and-run vehicle, which was traced to Klempan. Although she could not confirm the driver at the time of the accident, Kettavong claimed that Klempan was either negligent in the operation of his vehicle or vicariously liable the accident. Klempan acknowledged driving his vehicle on the date of loss, but denied his vehicle was involved in a hit-and-run accident., Kettavong was taken from the scene of the accident by ambulance and brought to an emergency room, where she was treated and released. She claimed soft-tissue strains and sprains of her neck, back and shoulders, as well as headaches. Kettavong treated with chiropractic care and acupuncture for her alleged chronic pain. Kettavong claimed she is still getting periodic treatment, consisting of holistic medicine remedies, to treat some lingering chronic pain. Thus, she sought recovery of $17,000 in past medical costs and an unspecified amount of damages for her pain and suffering. Defense counsel contended that Klempan was not involved in the alleged accident and that even if he was, Kettavong did not sustain any serious injury.
Superior Court of San Diego County, San Diego, CA

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