Case details

Plaintiff claimed spinal injuries from rear-end collision





Result type

Not present

back, neck, neurological, radicular pain, radiculitis
On Feb. 14, 2011, plaintiff Hitoshi Nishikawa, 57, an importer/exporter primarily of beef products between Japan and the U.S., was driving north on Octavia Boulevard in San Francisco when his vehicle was rear-ended by a vehicle operated by Carlos Landaverde. Nishikawa claimed his back and neck. Nishikawa sued Landaverde, alleging the defendant was negligent in the operation of his vehicle. Specifically, Nishikawa contended that Landaverde was speeding in violation of California Vehicle Code § 22350, thereby causing the accident. Defense admitted liability, and the matter proceeded to arbitration. However, Landaverde rejected the arbitrator’s award, and the matter proceeded to a damages trial., Nishikawa claimed soft-tissue to his back and neck with ongoing residual symptoms of lower back pain and some radiating symptoms. He subsequently treated several times at San Mateo County General Hospital and also underwent chiropractic treatment. Nishikawa admitted he could perform all of his normal activities, including exercising. However, he claimed the amount of time he could sit was limited to 30 to 45 minutes. He also claimed his limited his ability to engage in recreational activities and other periodic activities of daily living. Nishikawa sought recovery of $2,476.80 in past medical costs, including hospital bills of $1,134.30 from San Mateo County General Hospital and a chiropractic bill of $1,342.50. (Nishikawa’s medical records and findings were admitted into evidence via stipulation.) There was no wage loss claim, but Nishikawa also sought recovery of general damages for his pain and suffering. Defense counsel did not dispute the initial , but disputed the extent of Nishikawa’s alleged residual . Counsel also did not dispute Nishikawa’s hospital bills from San Mateo County General Hospital, but did dispute Nishikawa’s chiropractic bill, alleging that any chiropractic treatment was not reasonable or necessary. In addition, defense counsel disputed Nishikawa’s alleged pain-and-suffering damages.
Superior Court of San Francisco County, San Francisco, CA

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