Case details

Plaintiff: Crash caused injuries that required chiropractic care





Result type

Not present

neck, shoulder, soft tissue
On Nov. 8, 2010, after 5 p.m., plaintiff Anthony Chiu, 42, an auto body shop owner, was stopped in traffic in his 2010 Mazda MX5 on westbound Interstate 80 when the rear, driver’s side of his vehicle was struck by the front, right side of a 2004 Acura MDX, operated by Neetu Kulshreshtha, who was attempting to move around Chiu’s vehicle. Chiu claimed to his neck and shoulder. Chiu sued Naveen Kulshreshtha (who was erroneously sued as “Nadeen” Kulshreshtha) and Neetu Kulshreshtha. Chiu alleged that Neetu Kulshreshtha was negligent in the operation of the Acura, and that Naveen Kulshreshtha was vicariously liable for the driver’s actions. Naveen Kulshreshtha was later dismissed from the case, and Neetu Kulshreshtha conceded liability. The matter proceeded to arbitration, and Chiu was awarded $7,460. However, Neetu Kulshreshtha declined the finding and sought a trial de novo. The matter subsequently proceeded to a bench trail on damages., Two days after the rear-end accident, Chiu presented to his treating chiropractor. Chiu claimed he suffered soft-tissue to his neck and shoulder in the crash, during which his vehicle sustained slightly over $6,700 in property damage and Neetu Kulshreshtha’s vehicle sustained approximately $3,100 in property damage. Chiu ultimately underwent 30 treatments with his treating chiropractor over approximately three months and incurred $3,950 in medical bills. After therapy, Chiu reported that he was back to his pre-accident status. He claimed that before his resolved, he did not need to take any time off from work and was not restricted from any activities, but was told to just perform his activities in moderation. Chiu claimed that as a result, he modified his work duties at his auto body shop by refraining from doing some physical labor that he did in the past, such as painting vehicles, and assigned those work duties to other employees. Defense counsel disputed the necessity and reasonableness of Chiu’s medical treatment and medical bills. The defense’s orthopedic surgery expert reviewed Chiu’s medical records and opined that Chiu needed no treatment and would have healed on his own in three to six weeks. The expert also opined that Chiu would have been ok with one to two physical therapy sessions for reassurance, but that it was not medically necessary. In addition, defense counsel argued that the plaintiff’s treating chiropractor was a friend of Chiu’s, since Chiu had repaired the expert’s vehicle at his shop, and that this case was a fabrication.
Superior Court of Alameda County, Hayward, CA

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