Case details

Plaintiff missed three months of work due to back injuries: suit

SUMMARY

$13300

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
lower back, pain, soft-tissue injuries
FACTS
On May 30, 2013, plaintiff James Horton, a driver in his 20s, was in the course and scope of his employment when his vehicle was rear-ended by a Chevy Suburban truck operated by Enrique Tirado. Horton claimed back . Horton sued Tirado and the owner of the Chevy Suburban, Roberto Aguilera-Mandoza. Horton alleged that Tirado was negligent in the operation of his truck and that Aguilera-Mandoza was vicariously liable for Tirado’s actions. Tirado and Aguilera-Mandoza admitted liability., Horton claimed he sustained soft-tissue to his lower back. He was subsequently taken to an emergency room, where he was treated and released. He then underwent follow-up care with physicians and received pain medications. Horton also underwent several sessions of physical therapy. Horton claimed that he missed three months of work due to his recovery and that he has now taken another job. Thus, Horton sought recovery of $2,000 in damages for his past pain and suffering and $6,300 in lost earnings for each of the three months of work that he missed. Defense counsel contended that the collision was minor and that Horton returned to work. Thus, counsel denied that Horton was injured in the accident.
COURT
Superior Court of Alameda County, Oakland, CA

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