Case details
Plaintiff did not require wheelchair, defense argued
SUMMARY
$4500
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, neck
FACTS
On Oct. 13, 2011, plaintiff James Maciel Sr. was driving south on Interstate 605, in Los Angeles, when he was rear-ended by a vehicle operated by Chong Yi. Maciel claimed to his neck and back. Maciel sued Yi, alleging motor vehicle negligence. Yi conceded liability., Maciel was not treated at the scene, but presented to a hospital the next day and was diagnosed with soft-tissue to his neck and back. He subsequently started treatment with a chiropractor 10 days later, on Oct. 24, 2011. Maciel ultimately underwent 26 sessions with his treating chiropractor, up until Jan. 9, 2012. Maciel, who presented to trial in a wheelchair, claimed that his pain continued. Defense counsel contended that Maciel had many other pre-existing and noted that on cross-examination, the plaintiff’s treating chiropractor admitted that Maciel had a normal gait at the end of treatment. In addition, the plaintiff’s treating chiropractor testified during cross-examination that he didn’t remembered Maciel being in a wheelchair. Thus, defense counsel asserted that Maciel’s alleged were only worth $4,000 to $5,000, if anything.
COURT
Superior Court of Los Angeles County, Pasadena, CA
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