Case details
Plaintiff overstated injuries from MVA’s minimal impact: defense
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
head, headaches, herniated disc, impairment, mental, neck, organic brain syndrome, psychological, sensory, speech, vision
FACTS
On June 19, 2005, plaintiff Yuvielka Gheith, 27, a factory worker, was driving on March Lane in Stockton. At approximately 4 p.m., while stopped for a red light in a turn pocket at the intersection of Pacific Avenue, Gheith was rear-ended by a vehicle operated by Laura Thomason. Gheith claimed to her neck, back, shoulder and brain, as well as blurred vision. Gheith sued Thomason. She alleged Thomason was negligent in the operation of her vehicle, causing the accident and her . Thomason admitted liability for the accident, and the matter proceeded to a trial on causation and damages. , Gheith treated at an urgent care facility five days after the accident. She did not seek care immediately following the accident, and admitted she met friends for coffee. Gheith underwent X-rays and MRIs and claimed a muscle tear in her cervical region as well as a disc herniation at C4-5. She followed up with chiropractic care. Gheith further claimed she suffered organic brain trauma from the accident, for which she underwent a neuropsychological evaluation, and that she suffers from headaches, while a bout of blurred vision has since resolved. She claimed she still experiences neck pain and discomfort. Gheith claimed that due to her condition, she was subsequently terminated from her job. She asked the jury for $1.2 million in total damages for medical costs, lost earnings and her pain and suffering. Thomason’s experts testified that the force of impact from the accident was minimal, claiming that Thomason was traveling at 3 mph, and that the “touch” impact caused almost no damage to Gheith’s vehicle. Thomason claimed that any claimed by Gheith should have resolved within a few weeks, if indeed she sustained any injury. Thomason claimed that Gheith’s spine had substantial congenital and degenerative defects, which were not related to the impact. Thomason further claimed that Gheith’s neuropsychological evaluation was unnecessary, and that any complaints could be reasonably attributed to depression in her life.
COURT
Superior Court of San Joaquin County, Stockton, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
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- mental
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- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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