Case details

Plaintiff claimed rear-end crash caused spine and chest injuries





Result type

Not present

back, chest, lower back, neck
On Oct. 10, 2011, at approximately 10:55 a.m., plaintiff Joe Leffall, a retired 66 year old, was driving a black, two-door, 1989 BMW 635csi in the left (passing) lane on southbound Mountain Avenue in Chino, which had a posted speed limit of 45 miles per hour, when he stopped his car in response to the immediate approach of a Chino Valley fire truck with its emergency sirens sounding. However, when he stopped his vehicle, he was rear-ended by a white, 2005 GMC Sierra pickup truck operated by Thomas Holahan, who was also traveling in the left lane behind him. Leffall claimed to his neck, back and chest. Leffall sued Holahan, alleging the defendant was negligent in the operation of his vehicle. Leffall claimed Holahan caused the collision by both failing to keep a proper lookout for traffic ahead and failing to drive at a speed safe for the conditions that existed at the time. Holahan contended that Leffall negligently caused the collision by stopping suddenly in the middle of the roadway, rather than slowing down and driving to the right-hand edge or curb of the highway, clear of any intersection., Leffall was evaluated by paramedics at the scene and then presented to the Emergency Department of Kaiser Permanente in San Bernardino later that evening. He claimed soft-tissue to his neck, back and chest. Leffall was subsequently treated at the Emergency Department and by a primary care physician. He also underwent chiropractic care. Leffall claimed he suffers residual lower back pain. Thus, he sought recovery of non-economic damages for his past and future pain and suffering. He also sought recovery of economic damages in the amount of $6,000 for his past medical expenses. Defense counsel argued that Leffall’s responded extremely well to the chiropractic treatment he received and that Leffall had over-treated his . Defense counsel also called the plaintiff’s treating chiropractic expert as a non-retained expert. According to plaintiff’s counsel, defense counsel presented no evidence to back up his over-treatment argument.
Superior Court of San Bernardino County, San Bernardino, CA

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