Case details

Plaintiff claimed back injury from intersection crash

SUMMARY

$50400

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, soft tissue
FACTS
On Nov. 18, 2010, at around 4 p.m., plaintiff Christopher Kyrimis, 27, a store manager, was in his 2003 Mercedes SL-500 on Industrial Road when he entered the intersection with Bayshore Boulevard and was struck by a vehicle operated by Christine Safieddine, who was attempting a left turn. Upon impact, Kyrimis was jerked sideways inside his vehicle and struck his head against the driver’s side window. He claimed that as a result, he suffered back . Kyrimis sued Safieddine, alleging the defendant was negligent in the operation of her vehicle. Kyrimis claimed that he stopped at a red light on Industrial Road, at its intersection with Bayshore Boulevard, and only proceeded into the intersection when the light turned green. However, he claimed that as he began to cross Bayshore Boulevard at about 5 mph, his vehicle was struck by Safieddine, who was speeding through a red light while attempting her left turn. Safieddine admitted liability., After the collision, Kyrimis drove to a nearby body shop, walked home and used another vehicle to attend a poetry reading he was initially on his way to prior to the subject accident. Kyrimis claimed soft-tissue to his back as a result of the accident. He subsequently treated conservatively with physical therapy and chiropractic care. Kyrimis claimed that he will eventually require surgery, including surgery when he is in his 50s, as well as regular, ongoing conservative treatment. Plaintiff’s counsel noted that, on cross-examination, the defense’s expert physiatrist agreed with the plaintiff’s orthopedics expert that conservative treatment was warranted and reasonable. Defense counsel argued that Kyrimis was not injured as a result of the subject collision. Counsel contended that Kyrimis had a pre-existing injury, since he saw a chiropractor in 2007 and had manipulations to his back at that time, and that his complaints in 2010 was related to that pre-existing condition. In response, Kyrimis acknowledged that he had seen a chiropractor following a surgery on a ruptured Achilles tendon and that the treatment was to improve his gait. However he noted that he had last seen the chiropractor more than 13 months before the subject collision. In addition, Kyrimis testified that he saw his chiropractor only three times immediately following the subject collision, when he realized his back was more severely injured than he first thought. The chiropractor in question was out of state and not available for trial.
COURT
Superior Court of San Francisco County, San Francisco, CA

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