Case details

Plaintiff suffered little or no injuries from rear-end crash: defense





Result type

Not present

neck, right shoulder
On March 2, 2012, plaintiff Tibor Sarkany was driving on Mission Boulevard, in Fremont, when he was rear-ended at the intersection with Anza Street by a vehicle operated by Robert Valenzuela. Sarkany claimed to his right shoulder. Sarkany sued Valenzuela, alleging that Valenzuela was negligent in the operation of his vehicle. Valenzuela did not contest liability., Sarkany presented to a Kaiser Permanente facility on the day of the accident with complaints of pain to his neck and right, dominant shoulder. He was ultimately diagnosed with a tear of his right shoulder’s rotator cuff. Sarkany subsequently underwent chiropractic treatment and, eventually, a surgical repair in March 2013. Sarkany claimed that after the surgery, he had less shoulder problems, but that he still suffered from a residual loss of range of motion. The plaintiff’s treating surgeon testified that Sarkany’s neck and shoulder were related to the accident and that Sarkany required the shoulder surgery. The plaintiff’s treating chiropractor testified that Sarkany required chiropractic treatment based on the to his neck, shoulder and back. Thus, Sarkany sought recovery of $38,000 to $40,000 for his past medical bills from Kaiser and his chiropractic treatment. He also sought recovery of damages for his pain and suffering. Defense counsel contended that Sarkany’s were not trauma-related and that Sarkany may have only been slightly injured, or not at all, due to the minor impact. The defense’s injury biomechanics expert opined that Sarkany’s were fairly insignificant or that Sarkany suffered no , as there were no injury-producing forces from the impact. The defense’s expert radiologist also did not find any evidence of trauma on the relevant diagnostic films.
Superior Court of Alameda County, Oakland, CA

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