Case details

Plaintiff claimed crash caused neck and upper back injuries





Result type

Not present

neck, soft tissue
On April 27, 2009, plaintiff Jennifer Hardin, 25, an AT&T customer service representative, stopped her sedan for traffic west on the Capital City Freeway, Interstate 80 Business, in Sacramento when she was rear-ended by a truck driven by James Wright. Hardin claimed that she experienced pain in her neck and upper back as a result of the collision. Hardin sued Wright for motor vehicle negligence. Wright conceded liability. Thus, the matter proceeded to a pretrial arbitration on damages, which resulted in an approximately $18,000 award for the plaintiff. However, when the arbitration decision was rejected by the defense, the matter continued to trial., On April 29, 2009, Hardin first sought medical treatment for pain to her neck and upper back. She claimed she suffered cervical soft tissue injury with myofascial pain. Hardin subsequently underwent a course of conservative care, which included visiting a physical therapist six times, a chiropractor 3 times and an acupuncturist 2 times. Hardin stated that she missed about three days of work. She claimed that as a result of her , she has difficulty turning her neck and suffers lingering, intermittent pain. She also claimed that she now has challenges doing her normal recreational activities, such as kayaking and rock climbing, which had to be curtailed. Hardin also claimed that she used to enjoy photography, but that after her injury, she found that carrying around a camera was more difficult and painful. However, Hardin stated that she would not need future medical treatment. At trial, Hardin sought recovery of about $298 in damages for her lost wages and $6,650 in damages for her past medical costs. She also sought recovery of pain-and-suffering damages. Defense counsel did not call a medical expert, but argued that Hardin was not really hurt that badly. Counsel also argued that Hardin failed to mitigate her damages by not fully follow her treatment plans.
Superior Court of Sacramento County, Sacramento, CA

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