Case details

Plaintiff: Rear-ender caused neck, back and shoulder pain





Result type

Not present

back, bulging disc, cervical, disc protrusion, knees, left hand, left shoulder, lumbar, neck, shoulder, shoulder impingement
On Jan. 27, 2012, at approximately 1:46 p.m., plaintiff Jesus Robles Caldera, 46, a caretaker/student, was stopped at a red light on Beyer Boulevard, at the intersection with Del Sol Boulevard in Chula Vista, when he was rear-ended by a pickup truck operated by Daniel Soto Contreras. Caldera claimed to his neck, back, left hand, both knees, and left shoulder. Caldera sued Daniel Contreras and the registered owner of the vehicle, Manuel Contreras. Caldera alleged that Daniel Contreras was negligent in the operation of his vehicle and that Manuel Contreras was vicariously liable for Daniel Contreras’ actions. Manuel Contreras was ultimately dismissed from the case prior to trial. Caldera claimed that Daniel Contreras failed to compensate for the weight of the load in his pickup truck, which resulted in him not being able to stop his vehicle in time to avoid the collision. Two weeks prior to trial, Daniel Contreras admitted liability for the accident. The matter then proceeded to trial to assess and damages., A few hours after the accident, Caldera was taken by his girlfriend to an emergency room with initial complaints of pain to his neck, back, and both knees, as well as a left hand contusion. He was subsequently treated and released. Caldera followed up with an orthopedist and received a steroid injection for his lower back. He then treated 45 times with physical therapy. Caldera claimed ongoing neck and lower back pain, as well as left shoulder pain. He eventually saw another orthopedist, who diagnosed him with a bulging lumbar disc, a protruding cervical disc, and an impingement of the left shoulder. The orthopedist recommended future shoulder surgery and treatment, as well as a possible neck surgery. Caldera claimed he still experiences ongoing residual symptoms in his neck, lower back, and left shoulder, prohibiting several physical activities including basketball, running, swimming and lifting weights. He also claimed his affected his continuing education. Thus, Caldera sought recovery of $500,000 in total damages, including $27,000 in past medical costs, $70,000 in future medical costs, and the rest for his general damages. Defense counsel disputed the nature and extent of Caldera’s alleged and damages. Counsel argued that Caldera only suffered soft-tissue strains and sprains of his neck from the accident and that all of Caldera’s other complaints stemmed from mild, pre-existing, degenerative changes.
Superior Court of San Diego County, San Diego, CA

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