Case details

Plaintiff claimed neck problems from rear-end accident

SUMMARY

$17500

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, neck, shoulder, whiplash injuries
FACTS
On Nov. 23 2013, plaintiff Sharon Ochoa, a retired 57 year old, was driving in San Jose when her vehicle was rear-ended at the intersection of South King Road and Story Road. She was struck by a vehicle operated by Van Anh Ha. Ochoa claimed to her neck, shoulder and back. Ochoa sued Ha, alleging that Ha negligent in the operation of her vehicle. Ha ultimately admitted liability., Ochoa claimed that her head was turned to the right at the moment of impact. She claimed that as a result, she sustained whiplash , resulting in continuing problems with her neck, back and shoulder. Ochoa subsequently saw physicians, including a chiropractor, and underwent MRIs and cortisone injections to her back. Ochoa claimed that despite treatment, she still had some problems with her neck, but that at the time of settlement, her had almost resolved. She further claimed that she still had problems with her neck and back during long-distance drives, but that she did not have any daily problems. Defense counsel noted that Ochoa initial sought recovery of $12,000 in medical costs, but that the parties ultimately stipulated to $6,000 in medical costs.
COURT
Superior Court of Santa Clara County, Santa Clara, CA

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