Case details

Plaintiff driver claimed rear-end crash caused brain injury

SUMMARY

$54927

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
brain, brain injury, cognition, head, headaches, mental, psychological, sensory, speech, tinnitus, traumatic brain injury
FACTS
On July 25, 2011, between 8 and 8:30 p.m., plaintiff Jack Wong, 63, an electrical transit mechanic for the San Francisco Municipal Transportation Agency, was driving his 1992 Nissan Sentra south on 19th Avenue in San Francisco. When he was driving between the intersection with Winston Drive and the intersection with Holloway Avenue, his vehicle was rear-ended by a 2011 BMW 335i operated by Grigoriy “Yuri” Timen. Wong claimed to his head. Wong sued Mr. Timen and the owner of the vehicle, Yelena Timen. Wong alleged that Mr. Timen was negligent in the operation of the BMW and that Ms. Timen was vicariously liable for Mr. Timen’s actions. Mr. Timen conceded liability., Later during the evening of the accident, Wong took a cab to the Emergency Department at St. Francis Memorial Hospital, where he presented with complaints of head and neck pain. The following day, he presented to his primary care physician, reporting musculoskeletal discomfort and memory loss. Wong claimed he suffered a traumatic brain injury, resulting in headaches, memory loss, insomnia and tinnitus. He also began seeing a chiropractor from July 27, 2011 to present and underwent physical therapy for treatment of pain to his shoulder, back and neck. Wong claimed he can no longer perform his job due to his cognition deficits and left his position in June 2012. Wong’s wife, Shaolei Wong, presented a derivative claim, seeking recovery for her loss of consortium. Defense counsel conceded that the forces of the impact caused soft-tissue neck and back , but disputed Mr. Wong’s allegation of a traumatic brain injury.
COURT
Superior Court of San Francisco County, San Francisco, CA

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