Case details

Plaintiff claimed multiple impact accident caused neck injury





Result type

Not present

bulging disc, cervical, neck
On Sept. 25, 2014, plaintiff Jennifer Robinson, 42, an owner and manager of a spiritual retreat center in Julian, was driving approximately 20 to 25 mph on Los Coches Road, in La Mesa, when she slowed for a stop and was rear-ended by a vehicle operated by Deborah Gertonson, who was traveling at 15 mph. Then, while Robinson was stopped, Gertonson mistakenly put her foot on the gas and rear-ended Robinson’s vehicle a second time. Robinson claimed to her neck. Robinson sued Gertonson, alleging that Gertonson was negligent in the operation of her vehicle. Gertonson admitted liability., Robinson claimed she sustained a bulging cervical disc at the C5-6 level. She subsequently underwent 2.5 years of chiropractic treatment. During closing arguments, plaintiff’s counsel asked the jury to award Robinson $800,000 in total damages, including $7,000 in past medical costs, $10,000 in future medical costs, $250,000 in past lost earnings, and an unspecified amount of damages for her pain and suffering. During trial, Judge Timothy Taylor declined both parties’ requests for continuances to accommodate expert scheduling. As a result, plaintiff’s and defense counsel were both forced to rest without the presentation of orthopedic expert testimony. Plaintiff’s counsel was ultimately only able to call one expert witness, Robinson’s treating chiropractor. Plaintiff’s counsel moved for a directed verdict on the issue of causation, arguing that defense counsel had failed to present any evidence to contradict Robinson’s contentions. Taylor ultimately granted the directed verdict on causation.
Superior Court of San Diego County, San Diego, CA

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