Case details

Plaintiff claimed other driver did not yield right of way





Result type

Not present

back, lower back
On July 28, 2010, plaintiff Patra Koonkarnkhai, 32, a waitress, was in her vehicle driving east on Foothill Boulevard in Rancho Cucamonga when her vehicle was struck by a vehicle operated by Marvin Smith, who was making a left turn from Red Hill Country Club Drive onto Foothill Boulevard. Koonkarnkhai claimed spinal from the crash. Koonkarnkhai sued Smith, alleging that the defendant was negligent in the operation of his vehicle. She contended that Smith violated her right of way by not stopping at the stop sign on Red Hill Country Club Drive. Smith claimed that Koonkarnkhai was speeding and not paying attention. He contended that as such, Koonkarnkhai should be 50 percent comparatively negligent for the accident., Koonkarnkhai was not treated at the scene nor taken to a hospital on the day of the accident, but presented to an emergency clinic the following day. She claimed soft-tissue to her lower back, resulting in pain to her back and neck, as well as pain in her left, non-dominant shoulder a result of the crash. The clinic subsequently referred her to a chiropractor. Koonkarnkhai ultimately underwent chiropractic treatment and physical therapy at the chiropractor’s office for approximately 3.5 months. She claimed no residual as a result of the accident. Defense counsel contended that Koonkarnkhai’s treatment was overpriced and that it was not consistent with her injury. Counsel noted that while the plaintiff claimed she presented to the chiropractor’s office on multiple occasions, she only saw the chiropractor on six occasions. Thus, counsel argued that Koonkarnkhai must have treated with less skilled or less experienced therapists. In addition, defense counsel argued that Koonkarnkhai’s treatment was suspicious, as she was referred to the chiropractor by her attorney, but did not start therapy until a week after the subject accident.
Superior Court of San Bernardino County, San Bernardino, CA

Recommended Experts


Get a FREE consultation for your case