Case details

Plaintiff did not follow doctors’ orders, defense argued





Result type

Not present

chest, head, headaches neck, insomnia, mental, pain, psychological, rib
On Oct. 25, 2010, plaintiff Redouane Chenbod, age and occupation not given, was stopped in his sedan on Highway 1 north, just south of the 16th Street exit in San Mateo County, when he was rear-ended by a sedan operated by William Hagen. Chenbod claimed and sued Hagen for motor vehicle negligence, as well as Lisa Self. Self was dismissed from the case prior to trial. Hagen conceded liability., Chenbod complained of pain at the scene and was taken to Seton Medical Center by ambulance. Chenbod claimed soft- tissue to both his shoulders, his right upper back, right rib, right arm and his neck. He also claimed headaches and insomnia. Chenbod treated between Nov. 3, 2010, and Jan. 25, 2011, for approximately 29 appointments for chiropractic. He then switched to another chiropractic care center for approximately 17 appointments from April 13, 2012, to June 3, 2011. Eight months later Chenbod sought additional treatment with a physician for approximately 13 appointments from June 10, 2011, to Sept. 26, 2011. He claimed total medical specials of $11,688.29. Chenbod claims his pain has continued and that his pain is related to the subject incident. Defense counsel noted that the plaintiff presented medical billings of more than $15,136.50 for the Seton Hospital Emergency Room, RADnet Medical Imaging, Optimum Chiropractic and San Francisco Pain Management Clinic. Prior to trial, the defendant’s motion to exclude medical bills for Seton Hospital Emergency Room, RADnet Medical Imaging, Optimum Chiropractic and San Francisco Pain Management Clinic was granted. Defense counsel contended that Chenbod failed to mitigate his own damages by failing to follow his own doctor’s advice; failing to take prescribed medications and failing to seek alternative treatment. Counsel also contended that Chenbod refused to take any medication, whether or not it was natural, or whether or not it had addictive properties. Defense counsel asserted that although Chenbod argued that he chose to go the natural, non-addictive route when it came to treatment, his ultimate method of treatment was six beers at a time, every night. Counsel contended that Chenbod’s chiropractic treatment was both unnecessary and unreasonable, noting that Chenbod sought over eight months of chiropractic treatment, when he derived no gain from it, as described by his treating expert physician and his medical records. Counsel further contended that after being repeatedly discharged after reaching “maximum chiropractic improvement” several times, the only regular course of action that Chenbod took in order to treat for his was to exhibit a total disregard for his doctor’s advice and drink drink six beers at a time every night. Defense thereby argued for a verdict that was commensurate with treatment that was both reasonable and necessary.
Superior Court of San Mateo County, San Mateo, CA

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