Case details

Plaintiff: Rear-ender caused head, spine and leg injuries





Result type

Not present

dental, fracture, tooth
On July 1, 2008, plaintiff Martino Pistone, 57, an actor, stopped behind traffic at the intersection of 19th Avenue and Judah Street in San Francisco when his 1995 Saab convertible was rear-ended by a BMW operated by Armen Vartanian. The collision subsequently caused Pistone’s Saab to be thrust forward into the truck in front of him. Pistone claimed to his spine, hip, leg and head as a result of the accident. Pistone sued Vartanian, alleging that the defendant was negligent in the operation of his vehicle. Prior to trial, Pistone’s claim became owned by Jeffry Locke, the trustee for Pistone’s estate. Vartanian admitted the accident was his fault., Pistone went to an emergency room on the day of the accident and was treated for his neck and back complaints. Within 10 days of the accident, he sought additional treatment with his primary care physician and was prescribed physical therapy. At that time, Pistone was also noted to have hip, thigh and leg pain, as well as some post-concussive symptomology. He also sought treatment for a chipped tooth within two weeks of the crash, and also started counseling for depression and driving anxiety. Plaintiff’s counsel contended that Pistone’s initial complaints resolved within six months. However, counsel contended that Pistone’s residual complaint of a right hip/thigh problem was diagnosed as psoas tendinitis, or an inflammation of the iliopsoas muscle that can also affect the bursa located underneath the tendon of the iliopsoas muscle. Thus, plaintiff’s counsel ask the jury to award damages for Pistone’s lost income, medical expenses and pain and suffering. Defense counsel argued that Pistone failed to meet his burden of proof on all the damages being claimed.
Superior Court of San Francisco County, San Francisco, CA

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