Case details

Plaintiffs’ alleged injuries not caused by rear-ender: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
left hand, left shoulder, lower back, neck
FACTS
On Sept. 10, 2010, plaintiff Jaime Valdovinos, an unemployed 45 year old, was driving on Brundage Lane in Bakersfield with his wife, plaintiff Maria Valdovinos, 38, a homemaker, in the front passenger seat. At approximately 2:30 p.m., while stopped for a red light at the intersection with H Street, the Valdovinos vehicle was rear-ended by a vehicle operated by Edmundo Monge. Mr. and Mrs. Valdovinos both claimed to their neck, lower back, and left shoulder, while Mrs. Valdovinos also claimed an injury to her left hand. Mr. and Mrs. Valdovinos sued Monge and the registered owner of Monge’s vehicle, Juan Avalos. The plaintiffs alleged that Monge was negligent in the operation of his vehicle and that Avalos was vicariously liable for Monge’s actions. Avalos was ultimately dismissed from the case prior to trial. Plaintiffs’ counsel contended that Monge caused the collision by driving inattentively as he approached the subject intersection. Monge admitted liability for the accident, and the matter proceeded to a trial on causation and damages., Mr. and Mrs. Valdovinos both went to a chiropractor on the date of the accident. Mr. Valdovinos claimed soft-tissue of his neck, lower back, and left shoulder. He was ultimately diagnosed with a herniated disc at C4-5 and treated with chiropractic care and orthopedic evaluations through February 2011. Mr. Valdovinos claimed he still experiences chronic neck pain for which he requires ongoing conservative treatment, which consists of chiropractic care and epidural injections. He also claimed he is unable to his lift his child due to his condition and is now limited at work in his new job as a truck driver. Thus, Mr. Valdovinos sought recovery of $13,054.01 in past medical costs and $129,800 in future medical costs. He also sought recovery of $142,854.01 in damages for his pain and suffering. Mrs. Valdovinos claimed soft-tissue strains and sprains of her neck and lower back, as well as a non-displaced fracture of her right hand and tendinitis of her right shoulder. She subsequently treated with chiropractic care and orthopedic exams through January 2011. Mrs. Valdovinos claimed ongoing right shoulder and hand pain, which will require long-term care that consists of physical therapy and diagnostics. She also claimed she is now restricted in her household chores due to her condition. Thus, Mrs. Valdovinos sought recovery of $12,583.66 in past medical costs and $93,650 in future medical costs. She also sought recovery of $106,233.66 in damages for her pain and suffering. Defense counsel disputed the plaintiffs’ alleged and damages. Counsel contended that there was no mechanism of injury regarding the subject accident and that both plaintiffs overtreated their with unnecessary treatment. Defense counsel further contended that there was no evidence to support the need for future care, arguing that all of the plaintiffs’ claims were insufficient and subjective.
COURT
Superior Court of Kern County, Bakersfield, CA

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