Case details

Plaintiff claimed rear-ender caused spinal injuries





Result type

Not present

head, headaches
On May 1, 2010, plaintiff Josie Padilla, an unemployed 58 year old, was in her Plymouth Neon, stopped at a stoplight, behind traffic on Shaw Avenue in Fresno, when her vehicle was rear-ended by a Mitsubishi crossover vehicle operated by Louisa Casados. Padilla claimed to her neck, back and arms. Padilla sued Ms. Casados and the owner of the Mitsubishi, Mario Casados. Padilla alleged that Ms. Casados was negligent in the operation of her vehicle and that Mr. Casados was vicariously liable for her actions. Mr. Casados was ultimately dismissed at trial for a waiver of costs. Ms. Casados conceded liability., On the evening of the accident, Padilla presented to an urgent care facility in Fresno, which made an initial diagnosis, but referred her to a chiropractor. A week later, she presented to a chiropractor, who diagnosed her with soft-tissue spinal to her neck and back. Padilla also complained of headaches and bilateral arm pain as a result of her . She subsequently underwent treated with the chiropractor until Sept. 24, 2010. Despite undergoing chiropractic treatment, Padilla claimed she still suffers spinal and arm pain. She alleged that as a result, she has problems with household chores and duties. Thus, Padilla sought recovery of $6,936.25 for her chiropractor bills and $198 for her urgent care bill. She also sought recovery of $1,006.75 for the property damage to her vehicle. Defense counsel argued that Padilla could not have been injured in the accident because the force was not sufficient to cause . Counsel contended that even if Padilla had , they would have been attributable to a subsequent slip-and-fall accident she had on Oct. 10, 2010. Thus, defense counsel argued that the subsequent slip-and-fall incident was the cause of Padilla’s alleged continuing problems.
Superior Court of Fresno County, Fresno, CA

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