Case details

Plaintiff claimed spinal injuries and tinnitus from rear-end crash

SUMMARY

$30000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, ear, neck, sensory, speech, tinnitus
FACTS
On Sept. 7, 2012, plaintiff Debra Andrade, a newspaper delivery person/home cleaner in her 30s, was driving on eastbound Mira Mesa Boulevard in San Diego. At approximately 8 a.m., while stopped looking for an address at a yellow light, Andrade was rear-ended by a San Diego utility truck operated by John Jackson. Andrade claimed to her neck, back and ear. Andrade sued Jackson and the city of San Diego. Andrade alleged that Jackson was negligent in the operation of his vehicle and that the city was vicariously liable for Jackson’s actions through the course and scope of his employment. Specifically, Andrade claimed that Jackson was inattentive to the stopped traffic at the subject intersection. Jackson claimed that Andrade stopped suddenly at a yellow light. He claimed that he pressed his brakes, but was unable to stop before striking the rear of Andrade’s vehicle., Two days after the accident, Andrade went to Scripps Coastal Medical Center, in Encinitas, with complaints of pain to his neck and back, and ringing in her ears. She was subsequently diagnosed with soft-tissue strains and sprains of her neck and back, as well as tinnitus. Andrade then followed up with an orthopedist, underwent a hearing test, and was prescribed chiropractic care and physical therapy for her neck and back . She treated her for roughly two years. Andrade claimed that while her neck and back have mostly resolved, she still experiences episodic, minor ringing in her ears. She claimed that as a result, further treatment was recommended, but that she has not yet continued treating her . Thus, Andrade sought recovery of roughly $19,000 in past medical costs. She also sought recovery of damages for her pain and suffering. Defense counsel disputed the nature and extent of Andrade’s alleged and damages. Counsel argued that Andrade suffered only minor soft-tissue to her neck and back, and that the medical bills were excessive. Counsel further argued that Andrade presented no causation or proof of tinnitus from the subject accident.
COURT
Superior Court of San Diego County, San Diego, CA

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