Case details

Intersection crash caused back and neck injuries: plaintiff

SUMMARY

$11415

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, neck, soft tissue, sprains, strains
FACTS
On Aug. 12, 2011, plaintiff Rebecca Johansen, 45, a part-time home health aide, was driving on westbound Bullard Avenue in Clovis when she entered the intersection with Woodworth Avenue. As she attempted to cross the intersection, the front, right side of her vehicle collided with the rear, passenger door of a vehicle operated by Adam Contreras, who was attempting a left turn from eastbound Bullard Avenue onto northbound Woodworth Avenue. Johansen claimed to her neck and back. Johansen sued Contreras, alleging the defendant was negligent in the operation of his vehicle. Specifically, Johansen claimed Contreras failed to yield to oncoming traffic at the subject intersection. Contreras initially disputed liability. However, during jury instructions, Judge M. Bruce Smith ruled that there were no grounds for comparative fault regarding the subject accident., Johansen declined an ambulance at the scene of the accident and was taken by a friend to an emergency room later that day. Johansen complained of neck and back , and subsequently followed up with a chiropractor to treat soft-tissue strains and sprains. She ultimately treated 36 times between Aug. 17, 2011, and Jan. 6, 2012. Johansen claimed she missed roughly 10 weeks of work following the accident. She claimed that despite the chiropractic treatment, she suffers ongoing neck and back pain. Thus, she claimed she will require future medical care consisting of an MRI and neurological consultation. Thus, Johansen sought $4,790 in past medical costs, $31,000 in future medical costs, $2,250 in past lost earnings, $15,000 in damages for past pain and suffering, and $12,000 in damages for future pain and suffering. Defense counsel disputed the nature and extent of Johansen’s alleged and damages. Counsel contended that Johansen did not suffer any serious injury from the accident and that the chiropractic care was excessive, since Johansen’s should have fully resolved shortly after the accident. Thus, defense counsel suggested a total award of $4,000 for Johansen.
COURT
Superior Court of Fresno County, Fresno, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case