Case details

Plaintiff claimed back and neck injuries from rear-ender





Result type

Not present

back, neck, soft tissue
On Feb. 7, 2009, plaintiff Karen Lesner, 42, a counselor, was traveling on 70th Street in San Diego when she stopped for a red light at the intersection of Alvarado Street. At approximately 3:45 p.m., while still stopped at the intersection, Lesner was rear-ended by a vehicle operated Tamara Pilkington. Lesner claimed to her neck and back. Lesner sued Pilkington, alleging that the defendant was negligent in the operation of her vehicle. Specifically, she claimed that Pilkington was inattentive and failed to brake her vehicle in time as she approached the red light. Pilkington admitted liability, and the matter proceeded to a trial on causation and damages., Lesner claimed soft-tissue to her neck and back. She initially drove herself home from the accident scene and later sought treatment at Kaiser Permanente San Diego Medical Center, which included six months of physical therapy and acupuncture. She then followed up with additional acupuncture and started a course of chiropractic care. Lesner claimed that she is now afraid to driver as a result of the accident. Plaintiff’s counsel asked the jury to award Lesner $20,372 in total damages, including $5,093 in past medical costs and an unspecified amount in past and future pain and suffering. Since Lesner was a counselor, she did not miss time from work or suffer any loss of earnings. Defense counsel argued that Lesner’s treatment following her initial Kaiser treatment was excessive and, therefore, not reasonable or necessary. Counsel also argued that the plaintiff’s chiropractic care was also excessive and unreasonable.
Superior Court of San Diego County, San Diego, CA

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