Case details

Plaintiff claimed injuries after struck by intoxicated driver





Result type

Not present

acupuncture, back, elbow, neck, soft tissue, sprains shoulder, strains
On the afternoon of Aug. 13, 2010, plaintiff Euna Joo, 44, a self-employed interior designer, was in a commercial joint parking lot for Carl’s Jr. and Chevron, located at 1095 Old Oakland Road in San Jose. While getting into a parked vehicle, Joo was struck by a vehicle operated by Martin Shelley and pinned against her vehicle. She subsequently claimed to her neck, lower back, and right elbow/shoulder. After striking Joo, Shelley crashed into the Carl’s Jr. He was then arrested and charged with driving under the influence. Joo sued Shelley; the renter of Shelley’s vehicle, Nathaniel Robinson; and the rental company, Ean Holdings, LLC. Joo alleged that Shelley was driving under the influence and was negligent in the operation of his vehicle. She further alleged that Robinson and Ean Holdings were vicariously liable for Shelley’s actions; however, Ean Holdings was dismissed from the case due to Robinson having insurance coverage. Liability for the accident was not disputed., Joo was taken from the scene of the accident by ambulance and brought to an emergency room with complaints of neck, lower back, and right elbow and shoulder pain. She subsequently underwent X-rays, which were negative, and treated at a Kaiser Permanente hospital for soft-tissue strains and sprains. Joo then treated with an orthopedist and underwent acupuncture for roughly 16 months. Joo claimed she still experiences pain and discomfort from the accident, mostly in her elbow and shoulder. She also claimed that her condition has impaired her ability to care for her three children and that she may require future medical treatment. Thus, Joo sought recovery of $11,000 in past medical costs and unspecified damages for her pain and suffering.
Superior Court of Santa Clara County, San Jose, CA

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