Case details

Intersection crash caused soft-tissue injuries, plaintiff claimed

SUMMARY

$45000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, neck, shoulder, sprains, strains
FACTS
At approximately 6:30 p.m. on March 31, 2009, plaintiff Melvin Waight, 42, an enumerator and student, was driving south on Shoshone Avenue in Granada Hills when he attempted a left turn at the intersection with Rinaldi Street. As he entered the intersection, Waight was broadsided by a vehicle operated by John Serna, who was traveling on westbound Rinaldi Street. Waight claimed to his neck, back and left shoulder. Waight sued John Serna and the owner of the vehicle, the driver’s father, Luis Serna. Waight alleged that John Serna was negligent in the operation of his vehicle and that Luis Serna was vicariously liable for his son’s actions. Waight contended that he made a left turn on a green light at the subject intersection and that Serna ran a red light, causing the accident. John Serna admitted liability, and the matter would have proceeded to a trial on damages., Waight claimed left side pain after the accident. He was subsequently taken from the scene by ambulance and brought to an emergency room. Waight was diagnosed with soft-tissue strains and sprains to his neck, back and non-dominant left shoulder. He subsequently followed up with 1.5 years of chiropractic care. Waight contended that he still experiences some pain and discomfort, mostly in his lower back, but does not currently seek any further treatment. He missed three months of work following the accident, and claimed $6,000 in damages for his past lost earnings. He further claimed approximately $30,000 in past medical costs and sought recovery of damages for his pain and suffering. Defense counsel disputed the reasonableness and necessity of Waight’s chiropractic care, arguing that he over-treated for minor soft-tissue .
COURT
Superior Court of Los Angeles County, Chatsworth, CA

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