Case details

Intersection crash caused neck and back pain, plaintiff claimed





Result type

Not present

back, neck, soft tissue, sprains, strains
On Nov. 7, 2008, at approximately 9:30 a.m., plaintiff Shui Wu, a cook in his 40s, was driving on San Bruno Avenue in San Francisco when he entered the T-intersection with Mansell Street and was broadsided by a vehicle operated by John Yang, who was attempting to merge onto San Bruno Avenue from Mansell Street. Wu claimed to his neck and back. Wu sued Yang, alleging the defendant was negligent in the operation of his vehicle. Wu contended that his part of the subject intersection was an uncontrolled thruway, while Yang had a stop sign. Thus, Wu claimed that he had the right of way at the intersection and that Yang failed to yield to oncoming traffic. Yang initially disputed liability, arguing that he had the right of way at the subject intersection, but he ultimately admitted liability., Wu went to a chiropractor within a week of the accident with complaints of neck and back pain. He was diagnosed with soft-tissue strains and sprains and treated with roughly three months of chiropractic care. Wu claimed he is now asymptomatic with no current plans for future care. Thus, he sought roughly $3,000 in past medical costs, $3,707 in property damage, $1,000 in damages for his vehicle’s loss of use, and an unspecified amount of damages for his pain and suffering. Defense counsel argued that Wu failed to mitigate his damages for loss of use by renting a vehicle. However, Wu claimed that he did not have the financial wherewithal to do so.
Superior Court of San Francisco County, San Francisco, CA

Recommended Experts


Get a FREE consultation for your case